Depends on the age of the child. If under 18 he/she is a minor and the answer is no. You have to deal with the problems that exist. If over 18 they are an adult and yes you could file a restraining order.
You can put a restraining order on anyone as long as you can show that they are intending to do you harm. If you mean just to keep the guy away, I don't know if a judge would go for that. I think you do have to go in front of a judge.
It sounds like perhaps the other person could be a minor. If so, it's to your best interest to wait until this person is of age and then they can make their own decisions. If there are other reasons why the restraining order is in place you would be breaking the law by going anywhere near that person and their family and you could go to jail. If you are not a minor than both of you can drop the restraining order legally against each other.
If the ex is a minor you are either going to have to wait until this person is of age, or if there is another reason then move on. I know it's painful, but take refuge in the thought that many of us have gone through heartbreak and time is the healer. The more we can't have something the more we want it, and if we are lucky enough to get it we usually don't want it as much as we thought we did. Our minds build up the event of what we want and distort it and it almost becomes an obsession. It's time to move on and perhaps, with luck, both of you will get back together in the future.
yes, when your 18.
Well, this comes down to a respect issue. YOur parents have raised you and supported you financially for many years. If they do not want you seeing someone then Im sure it is for a good reason. If you have anything to show them that they are wrong then break out and prove to them that he is worthy of you and of their approval. If not then physically they shouldn't be able to but parentally they can. You should NOT disrespect them and bring him to your home and you should NOT lie to them to see him. They need to know the truth of where you are at all times just in case anything happens, they are able to account for you. This is tough because Im sure you think he is your true love but its too early for that. You sound young and should make a decision that is best for everyone, sometimes they are hard to do and the best is not always easy.....
yes they just put you in secondary make sure your not crossing with the person that has the order against you
no because he is still a minor. if he is 18 or older yes she can but not a mior.
... Actually she can if she feels there is harassment/ stalking potential.. it sounds stupid.. but that's because it is. If you have had sex with the daughter her mother can also get one. Its pretty much their way of making sure you guys stay away from each other or her parents are straight up crazy. either way its stupid. If there is no proof of harassment or anything I would suggest getting a hearing to get rid of it or your life will suck.
Yes you can get one against anyone who theatens your life even your spouse if need be.Don't play games if you feel you need one then get one.It's better to be safe than dead.If they still kill then at least you'll kill them in the long run insted of nobody knowing what happend.Chances are dam good that that will stop anything else from happening though.Good Luck. never under estimate what people are capable of. Edward
Depends on the reason for the restraining order but I don't think, considering its temporary for whatever reason, it would count as a criminal offense.
In the common usage of the term where a party is restrained from contacting another party, no. However, sometimes injunctions are also called restraining orders. In that context, the municipality may be able to get an order restraining someone from doing something. For example, a person may be restrained from tearing down a building until the historical value of the building is investigated.
If you are a minor you cannot put the order in place yourself. It has to be done by a parent/guardian who is legal.
The exception for a non biological parent to have legal rights to a child is if that person had legally adopted the child.
The stepfather might be able to get a no contact order against the person for himself and/or keep the person from entering his property depending upon how the ownership of the property is established.
Yes, but is it really worth the court case?
ADDED: The question leads one to believe that the questioner may be a minor. Minors are not legally 'capable' of filing court actions, they would have to have their parent or guardian do it for them.
Most restraining orders are set to automatically expire after a specific time period. (ex: 30 days, 90 days, one year, etc.) If you want the Court to terminate a restraining order BEFORE that specified date, you must Petition the Court that granted it for an Order to Terminate. The Clerk of whatever Court issued the Restraining Order can help you with the required paperwork if you don't have an attorney. Remember though, once a Court issues a Restraining Order, it is rather reluctant to terminate it before the date contained within the order. Courts don't like to waste judicial time with people changing their minds.
Talk to the clerk of the court that issued the order. A restraining order is typically limited to a short period, during which the defendant has a right to be heard on why the order should be lifted. After that, the court may issue a preliminary injunction or a permanent injunction, both of which also include you as a party (i.e., you can present evidence and arguments in your favor).
The above is a good answer.
I tried to add this in the discussion area, but the site would not allow it.
I was a victim of a false restraining order.
I made the blog LISTED BELOW for others like me.
I am still attempting to bring perjury and filing a false police report with the sheriffs department charges against her.
You can alway file a motion to dissolve/review the restraining order with the clerk of the circuit court, you can even ask to have your motion placed on the court docket.
I suggest you hire a good attorney, and not attempt to defend yourself.
If the order is a general one, such as "not have contact with children," it will prohibit you from applying for a job that will involve contact with that class of persons. If it is the usual order prohibiting contact with a former spouse or boy/girlfriend, you cannot apply where s/he works.
A restraining order in and of itself will not prohibit you from getting a job, unless it was the result of a criminal complaint filed against you. The criminal complaint/arrest/conviction would permit an employer to decline to hire you. If asked on the application for employment, failure to answer truthfully would be grounds to terminate you or not hire you.
However, the marriage would require the person to violate the order, opening themselves up to criminal liability.
If you have a protective order against a person but decide you no longer want that person to stay away, you should return to the issuing court a petition to have the order withdrawn.
Anyone that is threatening, endangering or disrupting your life. * Someone that admires you from afar, but is stalking you (they are everywhere you are) * An ex boyfriend or ex husband that is stalking, threatening you or your family, friends or a coworker or even a boss you may work for * An ex or even an admirer that abuses you verbally by phone, email, etc. * A person who has verbally or physically abused you and still threatens you * Someone that is lying about you and causing you to lose your reputation which could affect where you work or cause you 'undue stress.' There are many other reasons, but those are the most common ones.
If you have a restraining order on someone, it is voided as soon as you let them near you. If you meant can you marry someone after you put the restraining order on them. Yes, that's up to you.
A restraining order means no proximity or contact of any kind between you two. How would you marry him, unless the restraining order is lifted?
A restraining order IS NOT automatically lifted when you allow the restrained person near you.
I hate BAD legal advice!!
Only a court can lift or remove the Order.
It depends on the state issuing the restraining order. The state I live in if the person who obtains the order violates it themselves the order becomes null once the person who the order is against informs the court of the contact. Also, if the person has allowed the order themselves to be violated, by allowing contact from the restrained person, again the order becomes null once the court is contacted. What good is a restraining order in these cases? Just another way for the abuser to keep control; as I see it.
It is entirely up to you to stay married to this person. From first hand experience, the order is not null and void. If the person holding the order decides to file charges, the other could get charged with Interfering with Judicial Proceedings. It does not matter if the contact was consented. The fact remains that an order by the court was not followed and therefore prosecutable. I found out the hard way. My N abuser filed an order to worm his way out of assault charges. What I thought was a positive step for a healthy relationship, going to counceling, was just his way of a payback for having him arrested when he hit me. The only way to protect the person whom the order is against is to go to court and have the judge lift said order.
Your parents have the right to determine who you are and are not allowed to spend time with, so if they don't want him spending time with you, but he's ignored that and is doing it anyway then yes, they get a restraining order (no matter what his age is)
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.
I don't think you should have to if the bullying is happening at school. Ultimately the school is your child's carer while they are at school and they have a Duty of Care to your child. Pull that one out in your next meeting with the Head and see their reaction.
Try explaing to your child that the bully has massive psychological problems, is insecure and bitter over some trauma, they are ultimately raising their own self esteem by lowering your child's and is taking out their problems on them. Losing the fear by educating understanding helps greatly, although it is not a solution.
The bully needs to be confronted and made accountable. In my opinion a meeting between you, and the bullies parents, and the school should be held and a plan of action should be put into place to prevent this happening anymore.
Yes, a person under the age of 18 is under the authority of his/her parents and the parents have the power to decide who their CHILD does or does not have permission to associate with.
Also, since the parents are most likely the owners/renters of the home, they have a right to put a restraining order on anyone that they see as a threat to themselves or their family. The dependent child, unfortunately, has no rights to decide for him or herself what he or she wants.
Yes, it is legal, and able to happen, but why would you want to? i mean, that is what my grandma was going to do to my boyfriend. she didnt, but that is not the fact. it depends on who you are trying to keep away from your kid. if it is a boyfriend/girlfriend,why not just let them see each other. they will get over each other soon. they will totally forget they were ever together once before. i think you need to just let life take its course. i think you should let them see who ever it is they want to see. why hurt your kid like that. don't do that to them. they will never forget or even forgive.
Why would a parent want to do that? A parent wouldn't do that without a reason. Parents love their kids and want them to be happy, but they also want to protect them from anything bad. Often times parents can see the 'bad' when the child can't.
Nothing, a restraining order is always free...
Yes. You can get this type of order against anyone as long as you can prove the order is needed.
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