Is there any recourse against a person who takes out a restraining order but doesn't serve it?
It is not up to the person who takes out the order to serve it. That is done by a court server. If the person being served can not be found, the order can not be served.
How can you file a restraining order in palm beach county?
Answer Why don't you contact the Court House in Palm Springs, surely they can answer your question or the Police Department will also have your answer.
Can an adult file a restraining order against a child?
* No, not if they are minors. However, you can have them arrested if they have threatened your life in any way; abused you or physically abuse you; beating up their other siblings or if they are uncontrollable' breaking the law or getting into trouble out on the streets.
Is it possible to get a restraining order against the police?
If a police officer is acting in his official capacity, you cannot put a restraining order on him. If, for example, an officer is investigating you for something, you cannot stop him from investigating. If you feel an officer is violating your rights in his official capacity, the best thing to do is go to the officer's supervisor and try to resolve the problem. When an officer is not acting in his official capacity, like he's your neighbor and is bothering you, then you can get a restraining order against him. Remember, when not acting as an officer, he is just a private citizen; just like you.
Laws vary from state to state, but the parent or guardian of a minor usually has the authority to act on his or her behalf. Temporary restraining orders or injunctions aren't that hard to obtain, but you have to have grounds to file for one, such as a discernable threat or imminent danger.
Where do you have to go to have a restraining order dropped?
depends... if u have one on you then only the person with it on u can chose to drop it if you are the person trying to drop it then go to the court house
How do you respond to a temporary restraining order issued by a Massachusetts court?
In Texas a TRO must include a date for a hearing, which must be within 14 days of issuing the order. During that 14 days, your best bet is to marshall your evidence for the hearing. That is, evidence and proof that support removing the TRO. The TRO has a time, date and place for the hearing. SHOW UP FOR THAT HEARING! If you don't, the Court will likely convert the TRO to a "permenent" Restraining Order (which will be periodically reviewed by the Court). If the other party fails to convince the Court that you should be permenently restrained, he will have to pay all your costs and fees.
Good luck
What happens when the person filing a restraining order doesnt show up in court?
The case would be drop
Can you get a restraining order for harassment?
Yes a restraining order can be done for phone harassment. But you are going to have to have a good cause why you need one.
Can a parent get a restraining order on you if im 18 and her daughter is 16?
Yes. It's the parents who decide who their minor will meet and who will meet their minor so they are in their right to prevent someone they do not approve of to stay away from their child using the law if necessary. People sometimes mistake age of consent for being an age when you can see whoever you want but age of consent is for sex only. The parents still decide who their child is allowed to see.
Can you file a restraining order against your adult child?
It really depends on what you did to your father. Honestly, if you did some sexual things you are SICK. That man gave BIRTH to you. Unless of course there was a prostitute involved.. then it's alright. But technically, if you really must know, you can always go on the black market and hire a fake representative and get that person to get you out of that. But if you did sexual things to him, i honestly don't blame him.
How can you convince a judge to not give you a restraining order?
Talk to the clerk of the court that issued the order. A restraining order is typically limited to a short period, during which the defendant has a right to be heard on why the order should be lifted. After that, the court may issue a preliminary injunction or a permanent injunction, both of which also include you as a party (i.e., you can present evidence and arguments in your favor).
The above is a good answer.
I tried to add this in the discussion area, but the site would not allow it.
I was a victim of a false restraining order.
I made the blog LISTED BELOW for others like me.
I am still attempting to bring perjury and filing a false police report with the sheriffs department charges against her.
You can alway file a motion to dissolve/review the restraining order with the clerk of the circuit court, you can even ask to have your motion placed on the court docket.
I suggest you hire a good attorney, and not attempt to defend yourself.
I do not really understand the question. It seems like you want to know if the noncustodian parent can be prevented from relaying information to somebody else regarding a case involving a mutual child? Not enough information provided in the question, and did not list what jurisdiction (state)
If a restraining order is dropped will it stay on criminal record?
If it was only a CIVIL COURT restraining order, it will not appear on your criminal record.
HOWEVER, if there was any criminal action associated with it, or which was the cause for it being issued, (e.g.: domestic battery), THAT is a criminal matter and it WILL appear on your criminal record.
If both parties to not get a copy of a restraining order if it a valid order?
If it can be proven that the un-served party "knew" of the restraining order, the fact that they did not receive (or avoided) service of it, is not a defense.
The exception for a non biological parent to have legal rights to a child is if that person had legally adopted the child.
The stepfather might be able to get a no contact order against the person for himself and/or keep the person from entering his property depending upon how the ownership of the property is established.
Read the paperwork you should have received. It will spell out what is required of you.
It typically 'restrains' (forbids) you from having contact with someone or some place or requiring you to maintain a certain distance between you and them/it.
It would be MOST unusual for it to have any effect on your drivers license.
Can you cross the US border with a restraining order?
yes they just put you in secondary make sure your not crossing with the person that has the order against you
Is a restraining order in effect only after it is served?
no the restraining order is in effect the second the judge signs it. but a good thing to keep in mind is if you and the defendant are in the room together and the judge signs the order it is in effect but he is allowed to break the order due to the court proceeding you are undergoing. but once you two leave the court room he/she must then follow the order or go to jail.
Another View: The order does NOT take effect unless, and until, it is served on the respondant. Until then the respondant can legally claim "no knowledge" of the existence of the order. Avoidance of service is actually a fairly common method of avoiding the restrictions of the order.
What is a statute of limitations in NY for a restraining order to be issued for an assault.?
The statute of limitations in New York for a restraining order to be is up to one year. However, this will depend on prior offenses.
How long will a restraining order last in the state of Arizona?
They can vary by length from a very short time span all the way up to permanent. The court order will have this information in it somewhere. If it cannot be located contact the Clerk Of The Court which issed the order to see the original decision.
Does a restraining order keep you from getting a job?
If the order is a general one, such as "not have contact with children," it will prohibit you from applying for a job that will involve contact with that class of persons. If it is the usual order prohibiting contact with a former spouse or boy/girlfriend, you cannot apply where s/he works.
A restraining order in and of itself will not prohibit you from getting a job, unless it was the result of a criminal complaint filed against you. The criminal complaint/arrest/conviction would permit an employer to decline to hire you. If asked on the application for employment, failure to answer truthfully would be grounds to terminate you or not hire you.
What happens if both parties violate restraining order?
Valid for the US only: The answer will depend on the specifics of the order and the statutes in your state. However, in most states, a restraining order (more accurately called a "protection order") is a court mandated document which can only be altered under the authorization of a judge. Neither the protected party or the restrained party are permitted to interpret or alter or ignore any provision of the order. Therefore, if a no contact order is issued, and the protected party invites the restrained party over for a quick chat "just to sort things out" both parties are in violation and , in some states if it is a DV related order, both parties MUST be arrested for violation of the court order.