Do you have to appear in court for a restraining order?
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.
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.
Ho do you say Restraining order in Spanish?
Restraining order in Spanish is called "orden de alejamiento" or "orden de restricción".
Is it acceptable passing a child over at the door when there is a restraining order against you?
If there is a restraining order in place, it is important to comply with its terms to avoid any potential legal consequences. In this case, it would likely be best to consult with a legal professional or the court that issued the restraining order for guidance on how to handle the situation.
Yes, if you are legally an adult and have been emancipated, you can take steps to have a restraining order that your parents have placed on you lifted. You can consult with an attorney who specializes in family law to guide you through the process and help you file the necessary paperwork to have the restraining order lifted.
The process for appealing a judge's decision regarding a restraining order can vary depending on the jurisdiction. Generally, to appeal, one must follow the procedures prescribed by the court, such as filing a notice of appeal within a specified timeframe and submitting the necessary documentation supporting the appeal. It is advisable to consult with an attorney who can guide you through the specific requirements and procedures in your jurisdiction.
Can you get a restraining order on someone if you yourself have a warrant?
The ability to obtain a restraining order can vary depending on the jurisdiction. However, having a warrant may impact the court's decision when considering the request for a restraining order. It's advisable to consult with a lawyer or legal professional in your jurisdiction to get accurate and specific information about your situation.
If you believe that your ex-spouse fabricated a story about you making terroristic threats, it is important to consult with a lawyer immediately. Provide your lawyer with all the relevant information and evidence that can support your innocence. They will guide you on the appropriate legal steps to take, including defending yourself against any potential criminal charges, and potentially taking legal action against your ex-spouse for false allegations.
Is a restraining order public record for both sides?
In general, restraining orders are a matter of public record. However, the specific accessibility of records can vary depending on the jurisdiction and court rules. While some states may allow full public access to the records, others might limit access to parties involved in the case, law enforcement, or certain authorized individuals. It is advisable to consult the local rules and regulations or seek legal advice for accurate information on accessing restraining order records in a particular jurisdiction.
Can a 10 yr old restraining order record be removed by expungement?
The process for expungement varies by jurisdiction, but generally speaking, restraining orders are not typically eligible for expungement as they are civil matters rather than criminal convictions. However, it is best to consult with an attorney who specializes in expungement laws in your specific jurisdiction to determine if any options are available.
How do you drop a temporary restraining order in Milwaukee?
To drop a temporary restraining order in Milwaukee, you can file a motion with the court requesting the dismissal of the order. You may need to provide a valid reason for the dismissal, such as a resolution or change in circumstances. It is advisable to consult with an attorney to understand the specific procedure and requirements for your case.
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.
What are the consequences of violating a restraining order if its a misdominer?
Violating a restraining order, even if it is a misdemeanor, can have serious consequences. It may lead to criminal charges, fines, probation, or even jail time. Additionally, the violation could impact future legal proceedings and may be considered an aggravating factor, resulting in harsher penalties.
Is a restraining order valid if the person's name is misspelled?
if someone can tell who is being restrained, it would likely be held valid. For example, saying "Jon" instead of "John" will likely have little effect. Or saiyng "Laurence" instead of "Lawrence." On the other hand, saying the person's name Robert Johnson and his real name is Throckmorton P Gildersleve, its obviously meant for someone else and can be ignored. terrill corley * As noted minor misspellings of a name are irrelevant as to the validity of the court order. However, one should never ignore any order from the court regardless of the issue. If a person is wrongly named in any court order it is imperative that the matter be attended to at once to avoid future problems with the justice system.
If your daughter is no longer a minor then there is absolutely nothing you can do except cross your fingers, pray and hope she sees the light. If she is a minor then yes, you have the right to get a restraining order against this boyfriend as long as she is living at home.
What can happen if lied to get a restraining order?
Different states have different laws on this,,,,,,but one could face a perjury charge or a contempt of court or a filling a false reports,,,,,,,but again it depends on the state and what was lied about,,,,if a address or a birthdate was lied about it would probably be viewed as more of a mistake,,,,,
But if more serious things were lied about such as alleged violence and/or threats it might not be looked upon so lightly,,,,,especially if the courts/police have time and resources invested and it turned out to be all lies,,,,,,,which is done in some instances with protection orders as one party might be interested in seeking revenge for a relationship gone bad,,,,,,,,,
Is there a statute of limitations for a restraining order in New Jersey if it was never violated?
Once the court has issued the order, it is not YOUR option as to when, or when not, to enforce it. It is in effect at ALL times after it is issued. You have the option of withdrawing it, but you must return to court and officially make a motion to do so.
Do temporary restraining orders go on your criminal record?
No, but violations of such do. A restraining order is a civil order.
What would happen if a person broke a restraining order?
What state are you living in. Penalties for violating a restraining order are set forth according to state statute. At the very least you will probably be arrested and brought before the judge who issued the order.
Can someone that put a restraining order on you be in violation of that order?
Yes, they can. For instance: if you are resticted to mantaining your distance from them, or restrained from contacting them by phone - yet THEY commit these acts themselves, they too are in violation of the court's order.
Can someone that put a restraining order be in your home?
There are different types of restraining orders. Some have certain clauses in them that stipulate IF and WHEN a person is allowed to come to your home.. For example, in custody cases where there are children involved, the recipient of the restraining order may be allowed to come to the address on specific dates or times to pick up the child. IF the restraining order SPECIFIES THAT THE PERSON IS NOT ALLOWED TO COME WITHIN ____ AMOUNT OF FEET/YARDS. then that INCLUDES YOUR HOME, WORK, and ANYWHERE YOU ARE! You could be at a RESTAURANT and if the person that the restraining order is against shows up without knowing you are there, THEY HAVE TO LEAVE THE PREMISES.
The restraining order should specify the PLACES the person is not allowed to be, INCLUDING your address. That should be right on the order. IF the person COMES TO YOUR HOUSE you MUST CALL THE POLICE IMMEDIATELY, because it is a felony to disobey a restraining order.
Also, if you don't follow the restraining order and you allow the person to visit, the judge probably won't take you seriously when you file for an extension if the other person can prove that you have been calling THEM, contacting THEM, etc. YOU may find yourself with a restraining order and THAT is not good because then they can have you arrested for almost any reason. It also shows up on any computer of law enforcement that a restraining order has been issued against you, even years afterword.
If charged with a new crime while already on felony probation the likliehood is 100% that you will be 'violated' and returned to jail/prison, not only to serve the remainder of your sentence while incarcerated, but also to await prosecution for the new offense.
Can your parents get a restraining order on the father of your child?
Whether or not a mother is granted a restraining order is up to the judge who hears the testimony about the situation that led to the mother requesting the restraining order. If the situation is serious enough the restraining order may be granted and the visitation and custody orders can be modified. You need to visit the court and speak with an advocate or consult with a private attorney.
Whether or not a mother is granted a restraining order is up to the judge who hears the testimony about the situation that led to the mother requesting the restraining order. If the situation is serious enough the restraining order may be granted and the visitation and custody orders can be modified. You need to visit the court and speak with an advocate or consult with a private attorney.
Whether or not a mother is granted a restraining order is up to the judge who hears the testimony about the situation that led to the mother requesting the restraining order. If the situation is serious enough the restraining order may be granted and the visitation and custody orders can be modified. You need to visit the court and speak with an advocate or consult with a private attorney.
Whether or not a mother is granted a restraining order is up to the judge who hears the testimony about the situation that led to the mother requesting the restraining order. If the situation is serious enough the restraining order may be granted and the visitation and custody orders can be modified. You need to visit the court and speak with an advocate or consult with a private attorney.
Can a person with a protective order contact the violater?
No because it is an ORDER and an ORDER must be carried out. The protective order is set in place to protect you and the accused.