you have to serve someone a restraining order for 1 week
Another View: "YOU" don't serve the individual - the Sheriff's Office or a court officer serves them. If they purposely avoid the service of the order it may prove problematic because, legally, they cannot be held in contempt of the order if it cannot be proven that it was served on them.
HOWEVER- you can bet that SOMEONE knows where they are or where they work - call the Sheriffs Office and let them know. OR - or if they show up wherever you are, call law enforcement and when they arrive advise them that there is an outstanding un-served court order for this person. They will take care of having it served on them.
Yes, If your parents placed a restraining order while you were under their care but now you are technically an adult through emancipation, you are now considered an adult and can remove the restraining order.
maybe not
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....
as long as they stay as far away as the restraining order says and they are not looking in your house...but if you are in public property then anyone can take pictures of you if they want.
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.
If there was a restraining order preventing one parent from seeing their children, and you have not filed for, or been given an extension on that order, it's best to take the matter back to court. You should have your original custody agreement amended to reflect the fact that there was a restraining order keeping the parent from the child.
Yes, they can apply for a restraining order. They are responsible for their son and can take steps to protect him.
Yes, siblings can take legal action, including seeking a restraining order, if they feel threatened or harassed by another sibling. The specific legal requirements and processes for obtaining a restraining order may vary by jurisdiction. Typically, the sibling seeking the order must demonstrate a credible threat or evidence of harassment. It's advisable to consult with a legal professional to understand the options and procedures available.
Yes, but you can take him to court and fight for custody.
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In California, dropping a restraining order typically involves filing a request for dismissal with the court. The process can take anywhere from a few days to a few weeks, depending on the court's schedule and whether a hearing is required. If both parties agree to the dismissal, the process may be quicker. However, it's always best to check with the specific court for their timelines and requirements.
You need a legal cause to obtain a restraining order. If the boy has been violent or threatened violence, or if it is a case where you are underage and he is an adult, so sex would be rape, that would give them cause to obtain a restraining order. They cannot simply take out a restraining order without cause.