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no the restraining order is in effect the second the judge signs it. but a good thing to keep in mind is if you and the defendant are in the room together and the judge signs the order it is in effect but he is allowed to break the order due to the court proceeding you are undergoing. but once you two leave the court room he/she must then follow the order or go to jail.
Another View: The order does NOT take effect unless, and until, it is served on the respondant. Until then the respondant can legally claim "no knowledge" of the existence of the order. Avoidance of service is actually a fairly common method of avoiding the restrictions of the order.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoDoes the restraining order have to be served before it becomes effective? It was always my understanding that once signed by the judge, it is effective.
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Can you file a restraining order against your unborn fetus?
No, only born people can get restraining orders.
If parent placed child on restraining order and then dies can it still be in affect if he moves into house?
No, the restraining order is only for the person that put the restraining order on the other person. So it does not stay with the property of the person who has now passed away.
If a parent of a 15 year old puts a restraining order on a 17 year old doesnt the restraining order only last until he is 18 years old?
yah totally
Can your dad file a restraining order against your boyfriend for no reason only because he doesn't want you to talk to him?
Yes, it is POSSIBLE, but he would have to have sufficient grounds to convince the judge that a restraining order was justified.
How can you take a restraining order off if the person is pregnant?
Only the person who requested the restraining order in the first place can request that it be removed. That person can schedule a hearing at the same court that issued it and ask that the judge cancel the order.
Are you allowed to lock your husband out of your house in NJ?
Only if u get a restraining order against him.
Is libel and slander a violation of a restraining order?
The only thing that violated a restraining order are those things that are explicitly listed in the order such as proximity, etc. Libel and slander themselves are illegal and you could be charged civily for these matters even if you didn't have the order.
Does a restraining order go away after 1 year?
That depends on state law where you reside and the circumstances of the restraining order. Some may expire after a certain date, some may be renewed, and some may only be lifted with a court order.
Should you pay restraining order to a plaintiff instead of your landlord?
The question makes no sense. There is no payment of a restraining order. To obtain a restraining order, you either contact your local law enforcement agency and have a temporary order filed, or you motion the courts for an order, in which case you pay a motion fee to the court. Nothing is paid to the plaintiff, and the only reason your landlord would be involved is if he is the plaintiff or the defendant.
What should an employee do if their employers hires someone you have a restraining order against?
if there is an active restraining order in place then the employer can still hire that person as long as said person is not in breach of the order for instance if u work in a specific area and they emply him to be in the same building with the knowledge that the restraining order is in place then not only is the person who the order is against but also the company that you are working for breaking the law(uk)
What is the furthest restraining order one can get?
I'm not sure what the longest restraining order is, but I have a restraining order against my ex that is valid through the year 2099. It was issued in Orange County, CA to my ex after my earlier restraining order of 2004 thru 2007 expired. Can anyone beat that? Oh, and I got this on my own...my attorney was successful only at taking my money, not at protecting my rights or assets.
Where do you have to go to have a restraining order dropped?
depends... if u have one on you then only the person with it on u can chose to drop it if you are the person trying to drop it then go to the court house
