Can you get a restraining order in one day?
Yes you can get one, but it will be temporary.There are variations state by state, county by county even. In PA, where I am sitting right now, You can 24/7 go before a judge or magistrate by yourself, fill out a form for the reasons why you are requesting one. It can be in person or by video conference call.The judge after hearing the testimony of the petitioner, and sometimes the police, can then pick one of two courses. He can grant a temporary order that becomes effective immediately with a hearing scheduled within the next 10 days for obtaining a final status, either way, to be entered. Or the judge can deny the temporary but must also still schedule a hearing for a final order. A final hearing is mandated in all cases unless withdrawn by the petitioner.Some counties have attorneys at the courthouse for both petitioner and respondent free of charge. Some have volunteers who can give advice but not represent anyone.If a temporary order is issued, it is entered into a state database including printable versions of the actual order. The sheriff of the issuing county will start the next day, or sooner if required in extreme cases, to track down the named target and serve them with both the temporary order and the court date for the final hearing. Final orders that are granted are also entered into the state database along with a federal registry for nationwide enforceability.Also, any sworn officer has the ability to instantly look up and confirm its status. If the target of the restraining order, or protection from abuse as it is called here, shows up at the petitioner’s location where ever they might be, call the police. At a minimum, the police will serve them on the spot. If while they showed up they were committing an illegal act, the will be arrested too. Not for violation of the order though.
What will happen if I get a restraining order against someone I go to school with?
The same thing that happens when you get a restraining order against anybody: the judge will determine what needs to be done, and will issue an appropriate order. Generally, a restraining order simply orders the person to which it is directed to have no intentional contact with you. Since you are in the same school with these people, this presents some additional difficulties. A judge is therefore likely to issue the order in such a way that outside of school they must have no contact with you, and inside of school contact with you is reduced to the greatest extent possible. The school administration should take an active role in this as well. Contact the police, and tell them what has happened, and that you would like a restraining order. They will help you fill out the paperwork, and will put you in touch with the district attorney's office, who may have personnel available to help you when you go to court to get the order. When you go to court, you will be required to testify in front of the judge about what happened. The individual(s) will also have an opportunity to tell their side of the story in front of the judge.
How do restraining orders work? ?
If you can establish a pattern that a court recognizes as harrassment or stalking, they can put a restraining order on them. A lot of it depends on how those things are defined in your local laws, though, but usually you don't have to be physically attacked, but that makes proving it much easier than putting together a pattern of stalking behavior. I think with any court action, there's usually costs involved, unless the police are on your side and ask for the actions to be taken.
What happens if someone lies in a restraining order hearing?
Are there any problems afterwards if you lie to get a restraining order against someone, or do the courts ignore it? Where do you report it if you know someone lied in court? Is it different if it is not your own case, but you know that someone lied in a case?
What happens when you break your own restraining order?
I do not believe she can get in trouble for placing the restraining order and then going to see him herself. If the courts find out, if she willingly admits that she goes to see him, the restraining order may be thrown out. The courts see too many people use restraining orders like a game, and it does frustrate many judges. However, the courts have to be very careful these days. If they deny restraining orders, and something happens, like say he seriously harms her, the court can be held accountable. So unfortunately, they have to put up with nonsense sometimes. It seems like their antics are causing concern for you and other neighbors. So I suggest talking to a police officer. S/he can tell you what can and can't be done. The laws and repercussions from area to area vary. For instance, where I live you do not have restraining orders. You have a protection order and a peace order that have different specifications. I can tell that you don't mean any harm to either of the two, but living next to these occurrences is not pleasant. It would be one thing if they were having troubles, and trying to get help (like counseling or anger management)... And with their history, chances are things will flair up again.
What happens if the person that files a restraining order breaks the restraining order?
I did the SAME THING! I simply went to court & had the restraining order "lifted". The judge just asked me if I was SURE I wanted to do it, I said yes, the order then was null & void. IF he got mad at her for any reason, he could say she contacted him & she broke the order. To be "safe", I'd have it "lifted"....Best to you...:)
Why is it so easy to get a restraining order?
This is a great question! The answer is going to surprise people.In Nevada, protection orders (a.k.a. restraining orders) are easy to get but evidence is required. How then, can it be easy to get if you have to have evidence? It might astonish some people that the answer is the law as written. In Nevada, the language of the statutes that outline when a protection order must be granted do not require one to prove domestic violence has actually occurred; it is only required that one prove domestic violence might someday occur! In other words, if you can prove that there is a potential for domestic violence, you have satisfied the burden under the law and are now entitled to an order of protection.The reason I know so much about this is because my ex’s attorney exploited a loophole in the Confidential Address Program for victims of domestic violence. Basically, she obtained a protection order not by proving domestic violence occurred but by arguing that it might occur. Once she had the protection order, she exploited the language of the Confidential Address Program that was inconsistent in that it required domestic violence to have occurred, but considered a protection order to be evidence that domestic violence has occurred. I took this problem to the Supreme Court of Nevada and they agreed with me! They published a case named after me (Falconi v. Secretary of State) that outlined the problem with the law and created a mechanism by which myself and other parents could use to legally challenge it. Once the case published, I immediately followed the procedure as outlined, forced the district court to cancel my ex’s fictitious address, and proceeded on litigation in my child custody case that ultimately resulted in me getting primary physical and sole legal custody!
How can one get a restraining order against someone in another state? What evidence do I need that this person has been harassing me? How do out of state restraining orders work?
Depends on the state. Most restraining orders are enforced in all states. If you want to get one issued in Connecticut because an offender lives there with his grandmother, you drive to the Superior Court courthouse and apply for an emergency restraining order; if a judge agrees -- the bar is high in Connecticut, see below -- and approves your ex parte emergency order petition, you're off to the races. It is effective in other states by Connecticut law, so long as it's served and the respondent has received notice. Rules and terms vary. Connecticut issues ex parte emergency restraining orders if the Superior Court judge believes the applicant is in imminent danger. If there's no imminent danger, the request is denied. The term ex parte simply refers to the fact that a petition was approved based on the testimony of only one side. They schedule a hearing for a permanent restraining order. In New York, ex parte orders of protection are issued by Family Court judges. The bar is low, or nonexistent. Which is why the New York statute states: "an ex parte order of protection is not a finding of wrongdoing." It's called an "ex parte order of protection", but it isn't an order of protection until the real hearing is held and both sides have made their cases and the judge agrees to issue one. Your question could be answered easily for free by one of the services in your state that helps people in this situation. Because the laws are so different, without knowing what state you were in when you posted this question, neither I nor anyone else can tell you much more.
If you get a restraining order out on your neighbor, does he have to move out?
Like if the restraining order says 1,000 feet, and he's your next door neighbor, less than 100 feet away. If he comes home, will the police arrest him if you call them for being in violation of that order?