Restraining Orders

Depending on the state and country you live in, the laws vary. However, a restraining order CAN be lifted by the person who asked the judge to issue it by scheduling a hearing with the court, and explaining why the order of protection should be lifted. This is a general answer, but there are a lot of various situations such as when they are children involved that make the entire legal situation murkier. There are great attorneys who do wonderful "PRO BONO" (free) work for Domestic Violence organizations, I suggest you hook up with one of them before you remove any order of protection.

First, determine whether it is a spousal protection order or a harrassment order. The protection order is taken out against someone you've had an intimate relationship with. The harrassment order can be taken out against anyone else who harrasses you or stalks you, if you have evidence. Second, if you didn't win when you get the 1 week notice to make it final, or you didn't show up, you have an upward battle. You definitely need a lawyer experienced in appealing restraining orders here. There are no forms with the Court to do it yourself and you'd never win by yourself.

Domestic violence misdemeanor and felony records are open to the public, but they are not always easy to access. If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records. If you know the county where he may have been prosecuted, you may also be able to contact the county prosecutor to ask for specifics about his conviction.

See: http://www.womenslaw.org/laws_state_type.php?id=12812&state_code=US&open_id=12825

In Seminole County, the cost for filing a restraining order is typically around $300, but this can vary depending on the specific court fees and any additional costs for service of process. Some individuals may qualify for a fee waiver based on their financial situation. It's advisable to check with the Seminole County Clerk of Court or their website for the most current fee information and any available resources for assistance.

No. A landlord can APPLY for a restraining order on a tenant, but the Sheriff, Court Officer, or Process Server will perform the actual service on the renter.

Yes, you can give the police your account of the story. If the matter is brought to court or otherwise investigated, you will be able to tell them the truth of it. If possible, obtain the phone records for the call from your telecommunications service - this can show that they called you and add weight to your side of the story.

You take the hint and leave him alone.

Contact your police department either in person or using the local non-emergency number. Explain the situation and ask to file a restraining order.

can i get a temp restraining order if my girlfriend let her adult son visit for a lengthy time he has in the past asualted me he has recently verbaly threatened me can i get a temporary restraing order the apartment is in my name and hers not his

If you have a restraining order, and he couldn't see the child without being in violation of that order, that wouldn't really constitute abandonment. However, if he would be able to see the child in another location and is not living up to his visitation rights or support obligations, the length of time before abandonment is determined depends on the law in your state as length of time may vary.

Consult an attorney in your area for an informed opinion.

You may petition the issuing judge to lift the order, citing legitimate reasons for doing so, but the likelihood that such will be rescinded is about zero. The parolee's fate lies directly in the hands of the PO. It is better to cooperate; in the vernacualr of the penetentiary, "Lay down."

I have never heard of Parole officers issuing restraining orders. That is done through A Court by a judge.

The notice to the other party before obtaining a restraining order from the court of law is not only a need of a party but a legal right of the other party to know and to confront the allegations and contention raised by the first party for obtaining a restraining order again him from the court of law. This right is provided to the everyone for fair trial through the constitution of the State as well as due process of law and natural justice.

Yes

doctor

To save yourself grief in the long run, make sure you make the house payments out of your own, not a joint, account. Keep copies of the checks: in court this will be seen as your contribution, and he won't be able to control your financial situation as far as housing. Until you have a divorce agreement, and he has signed a quitclaim, the house is not yours alone. If you determine that you cannot maintain payments on the house on your income alone, my suggestion is to see about selling it for a fair price.

Informed by who? And how?

If you got a call by someone who identifed themselves as the police, and they verified your name, and they told you to come down, you probably should.

If the police left a card or note on your door, then while you still probably should, it is doubtful you will be in trouble for not doing so, as they can't really prove you got the note.

If it is simply that the person who swore out the order has told you to go down, you need not bother unless you want to. Same if any friend or family member told you.

However, the restraining order will not go away for ignoring it. You may as well pick it up, as if you don't, the police may try and serve you at your place of employment - that never goes over well with the boss.

Also, you are going to want to know what it says. What it alleges. And then you will want to get competent legal advice from an attorney in your area so you can learn what options you have.

Failure to appear at the hearing after you have been served, or other wise receive the order, will most likely result in the court finding against you.

Pick up the order then. Learn what is being alleged. Get advice from an attorney. Defend your rights.

no because he is still a minor. if he is 18 or older yes she can but not a mior.

... Actually she can if she feels there is harassment/ stalking potential.. it sounds stupid.. but that's because it is. If you have had sex with the daughter her mother can also get one. Its pretty much their way of making sure you guys stay away from each other or her parents are straight up crazy. either way its stupid. If there is no proof of harassment or anything I would suggest getting a hearing to get rid of it or your life will suck.

That depends on the state you live in, but almost always the answer is yes if you have a good reason (abuse, harrassment, etc.) Go to the website of your state's courts (e.g. FLcourts.org for Florida) They usually have all the forms you need and phone numbers in case you have questions.

To obtain a restraining order you go to the county court for the county you live in. You must provide a vail reason to a judge as to why you need a restraining order. It is possible to have a restraining order for someone out of states but it is difficult to serve them the order so they are not always properly initiated.

There are too many variables for us to be able to answer for sure, but probably not. You could go to court and try to get the custody order changed, based on the facts. ---- Also called a child in need of care motion. see related links

You and your boyfriend need to talk to an attorney. Each state has different rules regarding restraining and protection orders. In most states, these orders are obtained by victims of domestic violence or harrassment against the offender. I don't think anyone can get such an order just because he or she doesn't like the person. But if there is a history of violence or harassment between the two of you, then she may be able to (depending on your state's law).