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What evidence is necessary for a temporary restraining in a domestic dispute?
Wiki User
∙ 14y ago
No evidence is necessary for a temporary restraining order. What happens is when you go into court and get a restraining order they give a temporary restraining order until trial. You can then push the date back a few times and extend it. Some people would argue this is how you get custody of children in a divorce situation. For a long term restraining order you will need documented cases of abuse.
Wiki User
∙ 14y ago
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Can a twelve year old get a restraining order from their dad?
yes a restraining order can be put on anyone as loing as they have evidence that the restraining or is needed
Can a minor file a domestic violence restraining order against her parents without physical evidence?
No without any evidence physical or pictures or even a video or witnesses of violence you cannot file for a restraining order against your parents. If you are being abused you can call the Children Protective Service or the police and they will investigate. You don't need to have witnesses or bruises etc to do that.
What are the steps in a domestic violence court case?
In domestic violence court is like most normal courts. The case will be heared, the evidence examined, victim interviewed, and depending on the severity a restraining order will be issued.
Can a parent get a restraining order on someone even if they lie about it?
Yes, you can always request a restraining order. It may be difficult to prove without some evidence to support it.
How do you respond to a temporary restraining order issued by a Massachusetts court?
In Texas a TRO must include a date for a hearing, which must be within 14 days of issuing the order. During that 14 days, your best bet is to marshall your evidence for the hearing. That is, evidence and proof that support removing the TRO. The TRO has a time, date and place for the hearing. SHOW UP FOR THAT HEARING! If you don't, the Court will likely convert the TRO to a "permenent" Restraining Order (which will be periodically reviewed by the Court). If the other party fails to convince the Court that you should be permenently restrained, he will have to pay all your costs and fees. Good luck
When the ex-spouse files a restraining order to prevent the other ex-spouse from seeing their children stating a threat to her not the children what can be done?
There are a number of things that can be done to modify or compel dismissal of an ex parte Temporary Restraining Order (TRO). Here are but a few recommendations: 1. Obtain professional and layperson witness affidavits to counter and impeach the statements of the ex-spouse 2. Consider hiring a private investigator to obtain further impeachment evidence against the ex-spouse 3. Consider submitting to a battery of psychological anti-domestic violence psychometric tests such as the Domestic Violence Inventory (DVI), Conflict Tactics Scale - Parent/Child (CTS-PC), Parent Child Relationship Inventory (PCRI), HCR-20, CAPI, SAI, STAXI, et al. Once you pass the battery of tests and the expert finds you possess no propensity to perpetrate domestic violence or physical child abuse, the clean bill of health report can be moved into evidence on the record to help clear your name and either modify or dissolve the restraining order. 4. Make sure you have retained a competent attorney or average attorney with a forensic trial consultant to help navigate the treacherous waters of restraining order court. Dean Tong, MSc. www.abuse-excuse.com
Why would a judge give only 4 months restraining order?
A judge may give a 4-month restraining order based on the specific circumstances of the case. The duration of the restraining order could be influenced by factors like the severity of the threat, prior incidents, evidence presented in court, or the judge's discretion. It's important to consult with a legal professional for a more accurate understanding of the specific case.
I have proof from 3 years ago and recently felt threatened again and want to file a restraining order.How old does proof for a restraining order have to be?
The threat must be recent but your 3-year-old evidence will help support your request.
Can you remove a restraining order?
In the USA a person can remove a restraining order by reaching the County courthouse where it was issued and petition the Court regarding its procedures and regulations to have the restraining order removed. Once you have that information you or your attorney can ask for a Court date whereby your case for having the restraining order removed can be presented. In many cases these restraining orders were issued as you were named as a threat or possible threat to a person or persons. Be prepared to provide evidence that the threat or implied threat has no foundation in facts.
Can a wife get a restraining order on husband if there is no evidence of abuse or threats?
Yes, it's the common way to get him removed when he refuses to leave at her request. Getting a restraining order is easy as David Letterman learned, cost him thousands to defend. see link
Can a domestic Violence proceed without evidence or witnesses?
Not likey. In a case where there is no evidence or witnesses it turns into a he-said she-said battle.
Mother committed perjury in order to gain restraining order?
Evidence of her perjured testimony will have to be presented to the court for any action to be taken against her.
