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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

When can you remove a restraining order put on your boyfriend by your parents?

No. Moving from the family residence would not change the status of an order of restraint or a "no contact" order. These orders can only be rescinded by the issuing court or expire according to the enforceable time limit. ANY person involved in the action who violates the order can be cited for contempt of court.

Can a citizen of Hawaii possess a firearm after a temporary restraining order expires?

You need to find a lawyer who is familiar firearms law and explain your situation.

How do you vacate a restraining order?

Most restraining orders are set to automatically expire after a specific time period. (ex: 30 days, 90 days, one year, etc.) If you want the Court to terminate a restraining order BEFORE that specified date, you must Petition the Court that granted it for an Order to Terminate. The Clerk of whatever Court issued the Restraining Order can help you with the required paperwork if you don't have an attorney. Remember though, once a Court issues a Restraining Order, it is rather reluctant to terminate it before the date contained within the order. Courts don't like to waste judicial time with people changing their minds.

What if the person that put a restraining order on you wants to remove it?

They can go to the same court that issued it and request that it be removed. This may require an appearance in court where they may be asked under oath if they are under pressure or coercion to do it.

How do you get notified if a restraining order is issued against you?

You can call the Clerk of Court's office and inquire, or the serving authority for your court system (usually your County Sheriff's Office) will be able to tell you. Call them.

Can a person put out a restraining order for text messages?

You Can depending on your state and locality's laws, if you get per say a PFA order most states ask your relationship to the person etc. you culd always persue a harrassment suit and a restraining order would result from that as well.

How can I get a restraining order against her?

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

Can you file a restraining order on a classmate?

Yes, but is it really worth the court case?

ADDED: The question leads one to believe that the questioner may be a minor. Minors are not legally 'capable' of filing court actions, they would have to have their parent or guardian do it for them.

Can a wife get a restraining order on husband if there is no evidence of abuse or threats?

Yes, it's the common way to get him removed when he refuses to leave at her request. Getting a restraining order is easy as David Letterman learned, cost him thousands to defend. see link

How can a 16 year old get a restraining order on their mom?

It may depend on your state laws regarding whether you are considered an adult at 18 or 21, but call or go to your local county or city court and ask for a restraining order. They will usually guide you through the process. Good Luck and stay away from them in the meantime if you can. It may be helpful to log incidents for the court. I am assuming that you do not live with them, but even if you do, call the courts for help and advice. You go down to the county court house where you live and file one. I dont know the fee but there are probably some at the court house and then some to serve the papers. I hope you have a safe place to go. If you reside in the same home as does the parent you cannot obtain a PO or RO against the person. If you live independently you file the suit for a preventive injunction in the circuit or superior court in the county in which you reside. If the judge believes it is warranted a temporary order will be granted. A hearing date will be set and all parties must appear on that date to state the complaint or defend the complaint. The complainant must present clear and indisputable proof of "just cause" at the time of filing. Contact the office of the clerk of the court of jurisdiction to obtain information on filing procedures.

What happens during a harassment injunction court hearing?

what happens at an injunction hearing can do number of things such as seeing if there is enough evidence to proceed, to see if there's a change in the status other case like maybe one party doesn't want to move forward with the injunction, it could just be setting a date for the civil trial or could be simply to try to find a resolution before they go to trial.

How do you find out if someone has a restraining order against them?

The easiest way is to break the restraining order...then you will know.... Depending on the state you have to be served the restraining order. If you think you might have one, it is best just to assume you do have one and avoid breaking it...

If you have a restraining order on someone can you contact them?

A proper legal answer is, it depends on how the restraining order is worded. If it is merely an order to stay x feet (or yards or whatever) from the complainant, other contact is not prohibited. If it is a "no contact" order, which often is worded to prohibit telephone calls, mail, directly or through third parties (friends or relatives), then no. If either or both of you had/have attorneys, you can have contact through them. If contact is needed for medical or some other emergency purpose, and time is of the essence, you would probably be OK contacting the other person. If there are children involved, there should have been specific provisions for contact regarding them.

Otherwise, the order would have to be modified to allow contact.

How long does a restraining order stay on public record in CA?

Public record remains public record forever, unless something is sealed.

Can your husband change the locks on the house if you are separated and have a restraining order against him?

If you both jointly own a property, your ex husband or wife cannot change the locks.

The only way to prevent that person gaining access it via an occupation/non molestation order whilst the divorce/legal separation goes through.

What happens if you break your restraining order in England Or anywhere else?

(in the US) A restraining order is an order issued by the court. If you disobey/break the court's order you are subject to immediate arrest.

See discussion page:

Is a restraining order valid if it is served at the wrong address?

You'd have to discuss it with your lawyer. If it is an old address of yours, it would still count, but if it is an address you've never lived at it doesn't. If there's a spelling mistake it still counts. If the number is wrong, discuss it with your lawyer.

How old do you have to be to file a restraining order?

In general you have to be an adult or an emancipated minor to file for a court order, or have your parent/guardian file for one in your name.

However, if you are in danger most counties have an advocate for youth who can request the order for you.

In some places a child can file for a restraining order. For example, Santa Clara County, California, allows children 12 and up to file a request for a restraining order.

Also, in California and certain other places, a police officer or any officer of the court can request an emergency restraining order to help you, but these orders last on 5 days.

How can you find out if there is a restraining order against your child?

If you dont want to hire a lawyer, start by asking at your local public library. (no joke) If they are not made public record in your state you will need to obtain a court order from a judge, and they are not easily given.

How long does it take to remove a restraining order?

you have to serve someone a restraining order for 1 week

Another View: "YOU" don't serve the individual - the Sheriff's Office or a court officer serves them. If they purposely avoid the service of the order it may prove problematic because, legally, they cannot be held in contempt of the order if it cannot be proven that it was served on them.

HOWEVER- you can bet that SOMEONE knows where they are or where they work - call the Sheriffs Office and let them know. OR - or if they show up wherever you are, call law enforcement and when they arrive advise them that there is an outstanding un-served court order for this person. They will take care of having it served on them.

Can kid put a restraining order on there parents?

Yes, a person under the age of 18 is under the authority of his/her parents and the parents have the power to decide who their CHILD does or does not have permission to associate with.

Also, since the parents are most likely the owners/renters of the home, they have a right to put a restraining order on anyone that they see as a threat to themselves or their family. The dependent child, unfortunately, has no rights to decide for him or herself what he or she wants.

Yes, it is legal, and able to happen, but why would you want to? i mean, that is what my grandma was going to do to my boyfriend. she didnt, but that is not the fact. it depends on who you are trying to keep away from your kid. if it is a boyfriend/girlfriend,why not just let them see each other. they will get over each other soon. they will totally forget they were ever together once before. i think you need to just let life take its course. i think you should let them see who ever it is they want to see. why hurt your kid like that. don't do that to them. they will never forget or even forgive.

Why would a parent want to do that? A parent wouldn't do that without a reason. Parents love their kids and want them to be happy, but they also want to protect them from anything bad. Often times parents can see the 'bad' when the child can't.

What can you get a restraining order for?

Anyone that is threatening, endangering or disrupting your life. * Someone that admires you from afar, but is stalking you (they are everywhere you are) * An ex boyfriend or ex husband that is stalking, threatening you or your family, friends or a coworker or even a boss you may work for * An ex or even an admirer that abuses you verbally by phone, email, etc. * A person who has verbally or physically abused you and still threatens you * Someone that is lying about you and causing you to lose your reputation which could affect where you work or cause you 'undue stress.' There are many other reasons, but those are the most common ones.

Can you get a restraining order on you for dating a 16 year old?

Well, sort of. who ever this person is, only they can get a restraining order on you. But then again, consider this before you risk that. Are you older than this person? and if so by how much? Does this person seem to find you annoying, creepy, or stalker-y? Does she ever seem scared frightened or utterly repulsed?(by You?)

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