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In the State of Louisiana, restraining orders can be issued by a judge, or a Justice Court Judge (a J.P) if issued by a J.P. no you do not have to go to court in order to obtain one. You present yourself and your case to the Justice of the Peace, the order is issued for a fee for services. To drop charges, you must also pay to have them dropped, especially by the D.A.'s office.
Added for clarification: If you are the Plaintiff(seeking the order) you MUST appear in court to give sworn testimony, if you fail to appear the action will be dropped.
If you are the Respondant (the one against whom the order is sought) you do not necessarily have to appear, but if you don't the order will be issued en absentia, since you didn't appear to give testimony to defend yourself or refute the allegation.
What else can I help you with?
How does one appeal a temporary restraining order?
If you filed the restraining order, you can withdraw it. You must go back to the court where you filed the restraining order and ask that it be dropped.
How do you respond to a temporary restraining order issued by California court?
By obeying it!
How do you fight a temporary restraining order in Ohio?
When you were served with the TRO, you should have been given a court date (most likely on the paper) and you will need to appear in court to plead your case.
Can a parent change her mind after filing a temporary restraining order against her son?
Yes, return to court and request that the restraining order be withdrawn.
If you have a restraining order on someone do you still need to appear in court if your summons and they are there?
Yes. If you are ordered to appear in a court, you must appear no matter what.
How do you drop a temporary restraining order in Milwaukee?
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.
what grounds does it take for someone to file a restraining order against you?
There are grounds and criteria for someone seeking a restraining order. A judge will decide about issuing the restraining order as a permanent order. There must be proof of threatening behavior or danger. The court will be cautious and issue a temporary restraining order. After the court , if there isn't proof to substantiate the court can't enforce....
Do you have to attend the hearing for a restraining order?
Ask your attorney. Often if you do not appear you will lose automatically.
What evidence is necessary for a temporary restraining in a domestic dispute?
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.
Plaintiff violate temporary restraining order?
What happens if both parties violate a restraining order?
Do temporary restraining orders go on your criminal record?
No, but violations of such do. A restraining order is a civil order.
Where do you meet to exchange child while having a Temporary Restraining Order?
You have someone drop the child off for you so anywhere but home I would imagine.AnswerYou should work that out through the court. It can be stated on the restraining order.
