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Restraining Orders

Restraining orders are legal documents issued when a person is being harassed or is in danger by another person. The document forbids the party it was issued against from having any contact with the victim.

520 Questions

In Texas can a husband file for divorce and obtain a restraining order to kick out the wife and children?

As for the restraining order, it would probably depend on why you felt you needed the restraining order against her. Has she harmed or threatened to harm you? Or do you just want to be single again? As for the children, I can't see any judge giving you a restraining order against them, and may even let the wife take out a restraining order on you for trying to kick her and your innocent children out on the street. That could be considered child abuse, child endangerment or at the very least, neglect.

As for filing for divorce, anyone can do that at any time. And keep in mind, you will have to pay child support whether you choose to visit your kids or not. Although, if they are your stepchildren, then you shouldn't have to pay child support on them but, depending on the laws in Texas, you may have to pay spousal support (alimony).

Can parents file a restraining order on behalf of their 17 year old daughter in Michigan?

They can take steps to protect their child. Yes, the child is their responsibility.

What procedure do I follow when a restraining order is over I have a restraining order until December 17. Does that mean I cannot see my son until December 18?

An order that expires on December 17 is good until midnight on that date. At one minute after midnight on the 18th it is no longer in effect.

Will an arrest of non-violent accusation of harassment and violation of temporary restraining order w dismissed by motion of the state disposition go on one's background check?

What kind of "minor" arrest, and "non-violent accusation" is being referred to? A 'dismissal' of the charge doesn't mean that it was erased like it never occurred - it simply means that the state chose (for whatever reason) not to prosecute you for it. It will remain on your record and to remove it you must take action to request that your record be "expunged."

What happens if someone violate a restraining order and police go to make arrest and person is not found do they keep trying to make an arrest?

If someone violates their restraining order, then a warrant will be put out for their address. Even if law enforcement can't find the suspect on their initial visit, the warrant still stands and can be enacted whenever the person is located.

Additional: Restraining Orders are usually orders of the CIVIL court.

(in the US) Officers of Police Departments cannot enforce civil law - they can only enforce CRIMINAL law. Only if the order was issued by a criminal court could the police take action.

Only Sheriff's Departments possess the legal authority to enforce both civil AND criminal court orders.

In direct answer to the question: The blunt, but perfectly honest answer is; unless the violator is on the scene when they arrive, they will probably NOT conduct a manhunt for them. You will just have to keep calling them back if/when the violator shows up again.

Can you marry someone who you have a restraining order against in Indiana?

Yes.

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.

What does 'temporary restraining order is vacated'?

I think it means it did not pass or was invalid. that the courts cancelled it in a way. I think it means it did not pass or was invalid. that the courts cancelled it in a way.

How do you serve divorce papers with a restraining order in affect?

Through your attorney, the sheriff's department or a process server.

wow a restraining order?! that's pretty harsh. well if your spouse was like really violent or somethin.

Mail?

Petitioner violating restraining order in Florida?

If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office.

Additional: In FL, even if no counter-petition has been sought or awarded, the petitioner is bound by the same restrictions as have been placed against the respondant. As stated above, the petitioner CAN be arrested for violating the provisions their own restraining order. The petitioner cannot use their order as a weapon against the respondant.

What does intimate partner mean relative to the brady handgun violence protection act and a restraining order?

Bascially, it means wife/husband or girlfriend/boyfriend, or girlfriend/girlfriend or boyfriend/boyfriend. Someone with whom you are, or have been, intimate (i.e.: shared sex) with.

Can a town get a restraining order against a person?

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.

Can the parent of an 18 year old put a restraining order on the 18 year olds girlfriend or have any say in their relationship?

other than keep the girl out of the house there's not much they can do unless the guy wants the restraining order but most likely no they can't

How much jail time for 2nd degree harassment with restraining order?

Jail time does depend until the court system will put them away.

Normal charges are you being arrested. In NC this is mandatory.

Does a permanent restraining order mean someone will go to jail if they don't pay on a car loan not in their possession but in the possession of their girlfriend and the girlfriend cosigned.?

You can't go to jail for defaulting on a loan. The vehicle will remain in the possession of whoever has their name on the title. If the girlfriend doesn't have her name on the title, then she has to remand the vehicle to you. You both have to satisfy the loan debt, as you are jointly and severally liable for the debt. She can sue you for the amount of the equity she put into the vehicle.

Can you marry a person you have a injunction against?

No. An injunction is a court order that requires that person not to come in contact with you. As an aside, why would you want to marry a person who requires a restraining order? * An injunction can be applied to many different matters both as a restraint or an order to take action, therefore the question needs to be more specific. In general any order that is in affect and is arbitrarily violated by the petitioner becomes null and void.

What are the adverse affects of a restraining order?

As far as the petitioner of the order is concerned, there ARE no adverse effects. As for the person AGAINST who the order was issued: They mus adhere to the oprovisions and restrictions that the order places uopopn them, which my include barring them from certain locations, or mantaining a certain distance from the petitioner, etc.. And, if it is a Domestic Violence Order, they may not possess firearms.

Can you marry someone that the court put an restraining order against And Pregnant?

Since you asked this question in 'underage relationships' I assume you're a minor and your parents got a restraining order against this guy (I'm just assuming he is the older party). If that's the case and you live in the US, no, you can't marry him. To have any contact with him at all would be a violation of a court order (for which he'll go to jail).

If someone places a restraining order against you can they come around your home and child Even if they have the permission of the other parent?

* Yes they can, but then they would be breaking the laws associated with the Restraining Order. So would they get in trouble or would it just nullify the order?

What is a stipulated restraining order?

A stipulated restraining order means: a condition or a requirement stated in the restraining order.
Stipulated is agreeing or to bargain with someone. This is usually applies to people who are married.

Can a restraining order be granted without any physical evidence?

not sure what the problem is we were meant for each other ive pleased you in ways ive never pleased other girls and i took you out to dinner a lot and drove to your job at the coffee shop to keep an eye on you incase other guys wanted to hit on you cant we at least be friends

How can you take a restraining order off if the person is pregnant?

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.

Can someone talk about you on their Facebook if you have restraining order on them?

If a person has a restraining or protective order prohibiting the from making contact with a specific individual, all contact is prohibited, including social media.

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