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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?
Does a no contact order expire when the restraining oder expires?
Traditionally the no contact order and restraining order are synonymous with each other. however, some judges will also write the no contact on the court paperwork. If that is the case then it does not expire. However, if he did not then the no contact dissolves when the restraining or expires
What happens if you have a restraing order on your bpyfriend and you contact him will that hurt you in court?
It might. The purpose of the restraining order is to keep him away from you. It also means that you are to stay away from him. Your credibility is certainly going to be in question as well as your motives for the order in the first place.
What is a restraining notice?
A restraining notice is a legal document served on a debtor's bank account, notifying the bank not to release funds to the debtor, but rather to hold them for potential satisfaction of a debt owed to a creditor who obtained the restraining notice through a court order. It is a way for creditors to protect their interests by freezing the debtor's assets.
What do you call it when someone can't come near you by law?
A Restraining Order.
Can you legally stop someone from contacting you if they have not threatened you directly?
Yes, you can get a restraining order on them, but with their agreement, I think.
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.
Do you have to attend the hearing for a restraining order?
Ask your attorney. Often if you do not appear you will lose automatically.
Can you put a restraining order on a person if you failed to appear the first time in the temporary restraining order?
Yes, you can still seek a restraining order even if you failed to appear for the initial hearing on a temporary restraining order. You would typically need to file a request to have the case reopened or to explain your absence to the court. Depending on the circumstances, the court may allow you to present your case for a restraining order at a later date. It's advisable to consult with a legal professional for guidance on the specific procedures in your jurisdiction.
What is a dov restraining order?
I think you mean a DV restraining order: It is a domestic violence restraining order. It is a court order that can help protect people from abuse.
If a restraining order is dropped will it stay on criminal record?
If it was only a CIVIL COURT restraining order, it will not appear on your criminal record. HOWEVER, if there was any criminal action associated with it, or which was the cause for it being issued, (e.g.: domestic battery), THAT is a criminal matter and it WILL appear on your criminal record.
How long will a restraining order last in the state of Arizona?
They can vary by length from a very short time span all the way up to permanent. The court order will have this information in it somewhere. If it cannot be located contact the Clerk Of The Court which issed the order to see the original decision.
How do you file a motion to appear in front of a judge to drop the restraining order?
To file a motion to appear in front of a judge to drop a restraining order, you typically need to complete the appropriate court forms, which may include a motion to modify or terminate the restraining order. Make sure to include a clear explanation of your reasons for requesting the change. Once filled out, file the forms with the court where the restraining order was issued and pay any required filing fees. After filing, you may need to serve the other party with a copy of your motion and attend a scheduled court hearing to present your case.
Can 2 people get married if the court ordered a restraining orde?
The courts issued restraining orders at the request of the party who requests it. If that petitioner then turns around and WILLINGLY weds the respondant it would appear to nullify, by their own choice, the court order.
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....
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 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.
Does the reason of a restraining order show on a back ground check?
A restraining order is a civil court action and does not appear on your criminal history record - UNLESS - you were arrested for domestic violence BEFORE the order was issued - OR - were arrested as a result of violating the order. In those cases it WILL show up.
