Yes, the person subject to a restraining order can request its removal. They typically need to file a motion with the court that issued the order, demonstrating a change in circumstances or that the reasons for the order no longer exist. A hearing may be scheduled where both parties can present their cases before a judge makes a decision. However, the final decision rests with the court and is based on the evidence presented.
what do i do if somebody violates their own restraining order against me two times?
As a minor, you generally do not have the legal authority to remove a restraining order that your mother initiated against someone. The decision to modify or lift a restraining order typically rests with the court that issued it. If you believe there are grounds for modification or termination, you may need to consult with an attorney or petition the court for a review of the order.
Usually, a "temporary restraining order" will expire according to its own terms. This means that the order itself will specify a date or event when the order is no longer effective. If a restraining order does not have such a limitation in it, then it is not a temporary order. If you are the person the restraining order benefits and you wish to drop it, you should apply to the court for an order vacating the restraints.
During a restraining order hearing, the person seeking protection (the petitioner) presents evidence and testimony to support their request for a restraining order against the respondent. The respondent has the opportunity to respond to the allegations and present their own evidence. The key steps involved in the process include filing a petition for a restraining order, serving the respondent with notice of the hearing, attending the hearing, presenting evidence and testimony, and the judge making a decision on whether to grant the restraining order.
i guess if she is an adult now she can make her own decision about that restraining order
If you both jointly own a property, your ex husband or wife cannot change the locks. The only way to prevent that person gaining access it via an occupation/non molestation order whilst the divorce/legal separation goes through.
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.
Yes, a restraining order can potentially impact your ability to obtain a security clearance. Security clearance evaluations consider an individual's character, conduct, and any legal issues, including restraining orders, which may raise concerns about judgment and reliability. Each case is assessed on its own merits, so the specific circumstances surrounding the restraining order will be taken into account during the clearance process.
He is not allowed to violate his own restraining order. Notify the Sheriff's Office or police that he is in violation of a restraining order (you should have a copy of it) and show it to them when they arrive. They will arrest him if they find him in violation. You can also notify the judge that issued the order of the circumstances.
If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office.Additional: In FL, even if no counter-petition has been sought or awarded, the petitioner is bound by the same restrictions as have been placed against the respondant. As stated above, the petitioner CAN be arrested for violating the provisions their own restraining order. The petitioner cannot use their order as a weapon against the respondant.
The ability to own a crossbow while having a restraining order depends on the specific laws and regulations of your jurisdiction. In many places, a restraining order may restrict access to firearms and other weapons, which could include crossbows. It's essential to consult local laws and possibly seek legal advice to understand your rights and obligations regarding weapon ownership in this context.
It depends upon the laws of the state where the order is issued, generally 30 days to 36 months or under extreme circumstances permanently. In cases of minors where parents or legal guardina requested the order it could remain in affect until the minor reaches the state's age of legal majority. Once the a person becomes of adult age they would need to apply for an order on their own.