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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
Does the reason of a restraining order show on a back ground check?
A restraining order is a civil court action and does not appear on your criminal history record - UNLESS - you were arrested for domestic violence BEFORE the order was issued - OR - were arrested as a result of violating the order. In those cases it WILL show up.
Why doesn't CA parole acknowledge a no negative contact restraining order?
Don't quite understand the question. A restraining order is an order of the court. The parole authorities would have to acknowledge the existence of the order and comply with it.
Can a restraining order be false?
In my experience, a restraining order cannot be issued until after a court hearing has been held in which case BOTH sides get to tell their story to the judge or hearing officer. However if the respondent fails to appear for the hearing it could be issued due to their default, at which time it becomes incumbent upon them to request a court hearing to defend against the action.
The spouse can, but not the children.
What happens if someone if stalking you and a restraining order doesn't work?
A restraining order is generally not worth the paper it is written off and not often a deterrent to the stalker. Unfortunately, the police generally have to wait to see if the stalker tries bodily harm and by that time it could be too late. You should try to keep in crowded area; do not park in underground parking lots; look in your car before you get inside. Try to walk with a friend even during the day. Do not park next to vans (stalkers can grab a woman quickly and throw them into the van before anyone sees it. Keep some lights on in your home and be sure all windows and doors are locked. If you can afford it get an alarm security system. If you have a large dog keep the dog close to you. Keep a phone by your bed. Keep your car keys under your pillow at night and if you feel a stalker is outside or entering your home then press the alarm system of your car. The noise will wake up the whole neighborhood and the stalker will have no recourse but to leave quickly. If the stalker continues then hire a detective to follow him/her.
ANOTHER VIEW: I cannot completely agree with some of the generalizations contained in the above response. The results may well depend on the jurisdiction in which you live, and/or the quality and focus of your local law enforcement agency. In my experience, more often than not, the perpetrator had already left the area by the time the police arrived and no action could then be taken by the officer(s). If this occurs, the complainant themselves will have to return to the court (or a magistrate) and swear out a warrant against the violator. It is my belief that where confusion over law enforcement's actions enters the picture is: While the crime of Domestic Violence is a CRIMINAL offense - - restraining orders are orders of the CIVIL court - not the Criminal Court. Law enforcement officers cannot make summary arrests based on violations of civil law. The remainder of the original answer is all good information and as general advice could apply to MANY everyday situations.
FIRST HAND: .... Last July I was served divorce papers from my wife. We had been married for 5 1/2 years, and friends since we were about 10 years old(36yrs old now). It devastated me. The girl that I loved more than life itself wanted me gone, but why?
I left and tried to get her to go to counseling which she said yes to, but wouldn't go. Then stopped communicating with me all together, wouldn't return calls wouldn't accept calls or text messages or emails. She filed for a Temporary Restraining Order & got it the next day, without any statement from me or any evidence that I had deserved it. One month later I went to the hearing where a temporary judge was going to hear the case. So I did not sign the stipulation to have the case heard. I checked in with the clerk and she said come back at the same time next week and the regular judge will hear the case, so I left. The Domestic Violence Rep. from the court walked the case to the next court room and had the case heard. Two days later I was served with a 5 year order. I had never been violent to my wife, and there was nothing that ever said I was. 2 weeks later I was arrested for the emails I had sent to her begging her to go to counseling & talk to me, work it out, nothing threatening at all. I haven't seen or talked to my wife since the end of July other than in the courtroom to sign divorce papers where I wasn't allowed to talk to her or sit within 10ft of her. So I can tell you first hand, they work. I have never in my whole life thought of doing anything that would hurt the woman that I loved, or thought she would have me arrested for sending her messages.
Response to "FirstHand": You sound like a manipulator. Your exact words have been used by many men before and since. It is obviously a red flag if your ex-wife needed support from a domestic abuse counselor. You "love" her, you "just want her to get help", you "just want to work things out"... these poor-me tactics are common ways to try to get control back over a woman; I've seen it many times. And when she doesn't respond to your prolific number of messages, calls, and e-mails, that means she's trying to stay away from you and get her safety as well as sanity back. Hope you haven't repeated your pattern on another woman!
What happens if you evades the service of a restraining order?
Not a good idea. If the individual trying to serve you was unable to do so the first time around it is unlikely that they will just give up. It is true that they have to serve you however there are many ways to serve an individual (home, work, substitute) and they will likely find a way or the court will allow them to serve you by mail or some other form.
yuh but just the same u cpould do something about it
What should I do when a restraining order violates my right?
That, of course, is YOUR opinion. You can file a petition/motion with the court to contest the restraining order. The judge (if they grant your motion) will hold a hearing and determine if the order shoudl be lifted.
Yes, if the offense took place in California and the California court handed down a decision, it is binding on the offender, regardless of where they may happen to live.
yes, it is only possible if you pick ur bogies from both noses and stick it on the wall. your bogies marks your turf, the enemies bogies marks their turf.
I do not live in MA, but it is to my knowledge that if your daughter is still a minor and under your guardianship, you can file. As long as you have logical cause for the filing it shouldn't be a problem.
I would talk to someone about the abuse within your household. Perhaps you can talk to a school counselor or a pastor. Call down to your local city hall and ask a clerk if that would be possible. But know that you will need someplace to live if you do.
What happens when a restraining order is put on someone in the same household?
If there are any restirctions on the distance that must be kept between the parties, the one against whom the injunction was served must leave the residence and seek other living accomodations.
WILL i GO TO Jail if i dont go to court for restraining order?
That all depends on if you are the plantiff or if you are the defendant and what exactly happened (physical harm,threats,ect) If you are the plantiff and you do not show, I am thinking that there shouldn't be a problem (as long as you're good w/ loosing & not planning to ever get another one on that person, because it will be very hard to)
Now, if you are the defendant on the other hand...it should say on the papers, but it would be in your best interest to go (to cover your own butt).
Plaintiff violate temporary restraining order?
What happens if both parties violate a restraining order?
Can your girlfriends X file a restraining order against you to keep you away from their boys?
Yes, if he is the children's father, and you are not the ex's new husband (the children's stepfather) it is possible. The outcome will be decided by a judge.
I am in west Virginia, USA. I am almost 17 and my girlfriend is almost 16... Her parents did not like me well, and I said some choice words after they repermanded her.
They filed a peptition for me against him, for threating his life. I am half his size, but the judge said no. Then the father said can I put it between them. The judge said yes.
I do not know about Canada or your reason why. But if there is no violence and they want to be together, I say leave them alone. It is the worst thing you can do for them.
Yes, they can. Parents have the right to determine who their minor child is allowed to have contact with, so if they have to get a restraining order against him to prevent contact, they can do that. The fact that they don't like him is reason enough.
Can you get a restraining order against your sibiling's partner if they threaten you?
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
