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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

I received a letter from a friend asking me to speak with the person he has a restraining order with and ask her to forgive him am I violating the no contact order if I do?

no, niether of you are as his declaration comes from you and not him. you are not interfearing with the order because it does not apply to you.

Another View: YES, it IS a violation! A typical clause included in such court orders is a prohibition against communicating with the complainant, BY ANY MEANS WHATSOEVER, including third-party contact.

Although YOU would probably not be liable for action, if the complainant is angry enough, fearful enough, or vindictive enough, and reported this contact to the court, your friend COULD be open for a charge of contempt.

Mother committed perjury in order to gain restraining order?

Evidence of her perjured testimony will have to be presented to the court for any action to be taken against her.

If a person takes out a restraining order against you and then they contact you.?

If the restraining order is in place, you can and should not reply. Block them and do not let them into your home--you are always liable until they remove the restraining order.

If someone in your family has a restraining order on them can other family members still talk to their family?

A restraining order applies ONLY to those people specifically named in it.

UNLESS - the barred individual is using family members to pass messages, information or threats directly to the other party. No CONTACT means no contact WHATSOEVER!

Can a parent get a restraining order on someone even if they lie about it?

Yes, you can always request a restraining order. It may be difficult to prove without some evidence to support it.

How can one abstain from a restraining order in the US?

For an individual to abstain from a restraining order in the United States, do not create or cause any criminal activities. A restraining order can last several days to years, depending on the case.

Will having a Legal Restraining Order against you eliminate your chances of becoming an RN as a job?

If you have a restraining order against you it could possibly hinder you obtaining your nursing license. It really depends on why the restraining order was issued.

Does a restraining order go away after 1 year?

That depends on state law where you reside and the circumstances of the restraining order. Some may expire after a certain date, some may be renewed, and some may only be lifted with a court order.

If someone on probation get served a restraining order what happen?

Since restraining orders are easy to get and require little or no evidence, as David Letterman learned, it fully depends on the circumstances. In the Letterman case, a NM woman said he was sexually harassing her through the TV. It cost him $15,000 in legal fees to get it set aside. In New York a man proved the point by placing a restraining order on himself by merely dressing as a woman. He used his own name and info on both lines.

How long does a restraining order last in Massachusetts?

The length of an order is outlined in the order itself. A restraining or protective order may be for a limited period of time, or it may be permanent. Read the order.

Can I get a restraining order removed that my mom filed against my boyfriend there is no abuse or anything she had no reason to file it in the first place?

You do not have any standing in the matter. The parties to the order would have to apply to the court, and if you are a minor your mom has that power.

Can i get a Restraining order against grandmother?

Yes. You can get this type of order against anyone as long as you can prove the order is needed.

Is it illegal to evade a civil restraining order?

It is illegal to evade a civil restraining order. Once you evade it, you may be held in contempt of court. You may also face criminal sanctions.

Can you violate a restraining order if you file a small claims on the person that has a restraining order on you?

If you do everything by the book and it's not a frivolous claim and make sure anything sent to the other party is witnessed and witnessed when you put it in the envelope and it has not a single hint of anything other than it's legal purpose. But still don't be surprised if you go to jail anyway and be forced to prove that it's all legal. It's happening more and more, people going to jail for the same thing. When it comes to Restraining order violations the courts don't really care how much evidence you may have in your favor. Remember, the restraining order was probably ordered first, just on what the other party said with little if any proof.

What happens if you have a restraining order on your husband that's in the process of being dropped and you have contact and have seen him?

I am not a lawyer, but it really depends on the person who has the protective order in place. Essentially, nothing will happen unless the person with the order files a complaint or contacts law enforcement which could result in the husband being arrested for violation of the order.

How do you obtain a harassment restraining order in Maryland?

You must go to court. Ask the Clerk of the Court office how to go about doing it - they may even have pre-printed forms.

Why would a man file a bogus restraining order My ex put on this order that I threatened to slash his tires at his home. I didnt even know his home address until I got the Summons. Why would he lie?

It's difficult to answer this question because we don't know the whole story. If the split up was taken hard by your ex then he could well be getting even with you. You can fight that summons and hopefully prove where you were that day or evening. A summons will not stick if there is no proof! Something is fishy here.

What if your wife falsy accused you of domestic violence and got for a restraining order on you and your home what can you do to move back in. when she has no proof and filled it 2 months after?

I have the same problem. Not only, acused me but also trying to have custody of my children. Where she has no Job. The county is expecting me to pay back for sheltering her for about a year and half.

Is there any Justice at all? Is this a sex war where men has to suffer because of "woment right?"....does women right has to make men suffer? Did the law even care for men?

I am not sure the law is "Right". Because the lawyers I hired are try to tell me the women have absolute right of custody on children. The only thing they allow the men is visiting right. How about father right? how about good fathers can raise their children and the lier woment should pay the child support?

I am tired of an excuse of Abuse whenever a woman wants money and free welfer....

I am going to challenge the law ...... I will give my life to protect my right...........

any body can help ........

KB

e-mail me.....please........

kidane79@gmail.com

Will they ask questions as to why you want to terminate the restraining order what kind of questions will they ask will they come down hard on you what will happen in court with this issue.?

If the court has issued a restraining order against someone on your behalf - you can apply to have the order lifted. If the court asks why, you can always cite that you feel they have learned their lesson. HOWEVER - if the person then starts harassing you again - the court would want to know why you asked for the injunction to be lifted early. Best to let the order run its course - that way, they understand they are not to approach you for fear of going to prison.

How can you get an restraining order on your ex boyfriend while we still go to highschool together and we are only 15?

This sounds like a big problem for only a 15 year old. For one thing, you'd definitely need an adult to get one and I'm almost positive your parent's consent on this. If you just want a restraining order because he's harrassing you after a bad breakup, you probably will not get one, although you could talk to the principal discretly about settling the matter. If your ex boyfriend abused you in any way, then you need to tell an adult and most likely the results will be him being tried in court over the matter, not a restraining order. I think restraining orders only happen if cases of stakling and even then I think for a 15 year old it would end in pressing charges. Good luck though, I'll be praying for you.

If there is a restraining order on a person can they possess a gun?

This is a very difficult question to answer because of the enormous differences in state laws.

Under federal law, there are two situations that make it illegal for the abuser to buy, own or have a gun in his possession:

First, if the abuser has been convicted of a felony or a domestic violence misdemeanor, s/he can never legally buy, own or have a gun. The only exception would be a military issued weapon given while serving in the military.

Second, if you have a final order of protection or restraining order the abuser cannot buy, own, or have a gone in his/her possession during the duration of the order.

This is a federal law which all states should abide by, but as with many cases different states have their own set of rules that may be stricter, or less strict.

In a handful of states you are ordered to relinquish all firearms, but in most of the country that is not the case. Usually it is up to the discretion of the judge who is signing the order.

You should check the state where you reside to see what the law requires or will allow.

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