Restraining Orders

In the context of a domestic violence restraining order, "not disturb the peace" means that the restrained individual must refrain from engaging in any behavior that could cause fear, anxiety, or emotional distress to the protected person. This includes avoiding harassment, threats, or any form of intimidation. Essentially, it is a legal requirement to maintain a safe and peaceful environment for the protected individual, ensuring they can live free from further abuse or disruption. Violating this provision can lead to legal consequences for the restrained party.

As a minor, you generally do not have the legal authority to remove a restraining order that your mother initiated against someone. The decision to modify or lift a restraining order typically rests with the court that issued it. If you believe there are grounds for modification or termination, you may need to consult with an attorney or petition the court for a review of the order.

Restraining order in Spanish is called "orden de alejamiento" or "orden de restricción".

A restraining order generally prohibits the aggressor from coming within a certain distance of the victim. Any acceptable exceptions, such as custody exchange, would be listed in the order itself.

Yes, If your parents placed a restraining order while you were under their care but now you are technically an adult through emancipation, you are now considered an adult and can remove the restraining order.

The process for appealing a judge's decision regarding a restraining order can vary depending on the jurisdiction. Generally, to appeal, one must follow the procedures prescribed by the court, such as filing a notice of appeal within a specified timeframe and submitting the necessary documentation supporting the appeal. It is advisable to consult with an attorney who can guide you through the specific requirements and procedures in your jurisdiction.

The ability to obtain a restraining order can vary depending on the jurisdiction. However, having a warrant may impact the court's decision when considering the request for a restraining order. It's advisable to consult with a lawyer or legal professional in your jurisdiction to get accurate and specific information about your situation.

This is a serious offence so it's advisable you seek legal counsel immediately! If you are innocent and the person accusing you has lied they may well be charged. Retain an attorney or if charged request a PDA and cease from discussing the matter with anyone until you have received legal counsel.

In general, restraining orders are a matter of public record. However, the specific accessibility of records can vary depending on the jurisdiction and court rules. While some states may allow full public access to the records, others might limit access to parties involved in the case, law enforcement, or certain authorized individuals. It is advisable to consult the local rules and regulations or seek legal advice for accurate information on accessing restraining order records in a particular jurisdiction.

Usually, a "temporary restraining order" will expire according to its own terms. This means that the order itself will specify a date or event when the order is no longer effective. If a restraining order does not have such a limitation in it, then it is not a temporary order.

If you are the person the restraining order benefits and you wish to drop it, you should apply to the court for an order vacating the restraints.

A judge may give a 4-month restraining order based on the specific circumstances of the case. The duration of the restraining order could be influenced by factors like the severity of the threat, prior incidents, evidence presented in court, or the judge's discretion. It's important to consult with a legal professional for a more accurate understanding of the specific case.

Your question is unclear. If what is a misdemeanor? A protective or restraining order is a civil, not a criminal, order.

The violation is typically a criminal offense. What criminal offense and how it is punished varies.

if someone can tell who is being restrained, it would likely be held valid. For example, saying "Jon" instead of "John" will likely have little effect. Or saiyng "Laurence" instead of "Lawrence." On the other hand, saying the person's name Robert Johnson and his real name is Throckmorton P Gildersleve, its obviously meant for someone else and can be ignored. terrill corley * As noted minor misspellings of a name are irrelevant as to the validity of the court order. However, one should never ignore any order from the court regardless of the issue. If a person is wrongly named in any court order it is imperative that the matter be attended to at once to avoid future problems with the justice system.

If your daughter is no longer a minor then there is absolutely nothing you can do except cross your fingers, pray and hope she sees the light. If she is a minor then yes, you have the right to get a restraining order against this boyfriend as long as she is living at home.

Different states have different laws on this,,,,,,but one could face a perjury charge or a contempt of court or a filling a false reports,,,,,,,but again it depends on the state and what was lied about,,,,if a address or a birthdate was lied about it would probably be viewed as more of a mistake,,,,,

But if more serious things were lied about such as alleged violence and/or threats it might not be looked upon so lightly,,,,,especially if the courts/police have time and resources invested and it turned out to be all lies,,,,,,,which is done in some instances with protection orders as one party might be interested in seeking revenge for a relationship gone bad,,,,,,,,,

Once the court has issued the order, it is not YOUR option as to when, or when not, to enforce it. It is in effect at ALL times after it is issued. You have the option of withdrawing it, but you must return to court and officially make a motion to do so.

No, but violations of such do. A restraining order is a civil order.

What state are you living in. Penalties for violating a restraining order are set forth according to state statute. At the very least you will probably be arrested and brought before the judge who issued the order.

your local police station

Yes, they can. For instance: if you are resticted to mantaining your distance from them, or restrained from contacting them by phone - yet THEY commit these acts themselves, they too are in violation of the court's order.

There are different types of restraining orders. Some have certain clauses in them that stipulate IF and WHEN a person is allowed to come to your home.. For example, in custody cases where there are children involved, the recipient of the restraining order may be allowed to come to the address on specific dates or times to pick up the child. IF the restraining order SPECIFIES THAT THE PERSON IS NOT ALLOWED TO COME WITHIN ____ AMOUNT OF FEET/YARDS. then that INCLUDES YOUR HOME, WORK, and ANYWHERE YOU ARE! You could be at a RESTAURANT and if the person that the restraining order is against shows up without knowing you are there, THEY HAVE TO LEAVE THE PREMISES.

The restraining order should specify the PLACES the person is not allowed to be, INCLUDING your address. That should be right on the order. IF the person COMES TO YOUR HOUSE you MUST CALL THE POLICE IMMEDIATELY, because it is a felony to disobey a restraining order.

Also, if you don't follow the restraining order and you allow the person to visit, the judge probably won't take you seriously when you file for an extension if the other person can prove that you have been calling THEM, contacting THEM, etc. YOU may find yourself with a restraining order and THAT is not good because then they can have you arrested for almost any reason. It also shows up on any computer of law enforcement that a restraining order has been issued against you, even years afterword.

If charged with a new crime while already on felony probation the likliehood is 100% that you will be 'violated' and returned to jail/prison, not only to serve the remainder of your sentence while incarcerated, but also to await prosecution for the new offense.