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.
Yes you can but you would have to go to court with your parents and you can be any age
Generally your dad can act in an effort to protect his children in most places on this planet and the law will back him up. Keep in mind that it is up to your boyfriend to prove to your dad that he's good enough for you. If he isn't willing to do that maybe he isn't good boyfriend material anyways eh?
Go back to the court that issued it and request that it be withdrawn or vacated.
Yes, it is a crime for a wife and her boyfriend to attempt to set her husband up for following her to a hotel since he has a restraining order on him. Setting someone up is illegal and if caught could result in jail time.
Yes. Fill it out at your court clerks office and it will be served on them before they get out. That way it will be illegal for them to contact you upon release. If you are the victim, and the reason they are in jail, then most states have a victim liaison at the court. Ask you court clerk to have them help you.
If you weren't present in court when the order was issued and given an opportunity to tell your side of the story, you must go to the same court that issued the order, and file an objection to it. The same judge that issued the order will hear your side of the case, and can make a decision to either withdraw the order or to sustain it.
However, if you were present in court to contest it and the judge issued it anyway, you will have to an appeal with the next higher level of the court.
The fortunate thing is, that since it is a civil court order, no record of its being issued will appear on your criminal record.
I'm not sure what the longest restraining order is, but I have a restraining order against my ex that is valid through the year 2099. It was issued in Orange County, CA to my ex after my earlier restraining order of 2004 thru 2007 expired. Can anyone beat that? Oh, and I got this on my own...my attorney was successful only at taking my money, not at protecting my rights or assets.
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.
Do not ask this type of question here, because it's not going to be answered! Each case is unique and there maybe some aspects of it which might allow you to have the charges dismissed in some way or another. But if the prosecution has a solid case against you, you cannot beat such a violation.
Stay away from the person you're supposed to stay away from or the police will arrest you and put you in jail.
If the plaintiff (meaning the one who asked for the restraining order) violates the very order they requested, and seeks out the other party then they could be subject to the same penalty as the person against whom the order was sought. The options which the judge may exercise are broad. It can become very complicated depending upon the restrictions the judge set in place. Since it was a TEMPORARY order - the judge COULD just vacate the order and dissolve it.
Yes, in some states this can be done.
Added: Perhaps in some states you may be able to do so, however others might either not allow it, or find it redundant.For instance:In Floridathe restrictions stated in a no-contact order are applicable and binding and on BOTH parties, and effectively apply to BOTHthe petitioner (the one who sought it) as well as against therespondent(the one against whom it was sought).
You would have to check with your local Clerk of Court for the answer in your particular state.
You can file for it, but you have to convince a judge to agree with you. However, if the person you are restrained from is seeking you out and/or harassing you, you absolutely need to contact the court for advice. But if you simply want to file a restraining order against them just because they filed one against you, you won't convince the judge.
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.
Yes. They have every right to protect their child until that child turns 18. The boyfriend has no business fooling around with a minor, he can go to jail for statitory rape. The child should end this relationship immediately.