Can a person get a restrainig order ?
Unless she has a reason that the judge is convinced of, it won't happen. If by chance she did get one on you, it would be temporary and you would go to court to explain your side of the situation. If that happens, be very calm and professional. Don't allow her to get you upset because your behavior is what is going to tell the judge if she is being honest or not. You want him to believe you and you can actually have one put on her and then sue her if she does it without cause. You have to prove it though so don't do anything that she can use against you.
If I have a restraining order, can I call the person that I have it against.?
That might look bad on you in court... lf anything ever came up it would look like you weren't too serious... probably NOT a good idea... If you wanted to have a relationship with them person the restaining order shouldnt be needed right? I'm not sure how serious this situation is & if you have a lawyer envolved... if you do ask him./her... all dealings should probably go through the lawyer.. If this is something one a smaller scale.. I say just leave it be
Can I Get A Restraining Order On This Person?
My girlfriend has hated this person for a long time and finally we got away from her and her group because we didn't want to drink alcohol or smoke pot with them. After we left this girl started telling people i beat my girlfriend and that we smoke and drink. I would never beat my girlfriend, its against everything i stand for + we don't drink or smoke. We tried telling her to stop and it worked for a bit. 2 1/2 months later we hadn't talked to them or even acknowledged them and then all the sudden my gf's family knows about what they said and now they wont believe us. It has caused my girlfriend mental distress to the point of crying every time its mentioned; it has also affected out social life as well as threats to me from people i now cant identify for evidence for it causing me physically harm. My gf was indirectly threatened by this girl she said "I want to knock her teeth in!" in a text to my gf's friend and directly to my gf. How can we get a restraining order on this person? we have been together for 3 years so there is no breaking up, and there has been no actual physical fighting from either side.
TRO’s (Temporary Restraining Orders), are generally granted on an emergency basis, and they take effect immediately, even if the person restrained has no knowledge of them.The court will then set a date for a hearing on whether to make the order permanent, and a court officer will be tasked to serve the papers, notifying the restrained person of the TRO, and of the court date.In most jurisdictions, the court officer is a county deputy sheriff. Courts generally also send registered mail, and a courtesy notice (not registered) about the court date. This is in addition to physical service.Typically — again, in most jurisdictions — service is attempted 3 times on 3 different days.After which, it’s considered served.When the court date rolls around, the restrained person shows up for court, or doesn’t.If they show up, the case is argued, and a verdict is reached:A restraining order is not warranted — the TRO is liftedA restraining order is warranted — the TRO is lifted, and in is place, the court orders a normal RO (Restraining Order) or PO (Protection Order)If they don’ show up, either the TRO is renewed, or — much more likely — a summary judgement is entered, and the RO/PO is granted.This is called an ex parte (“with respect to the interests of one side only”) judgement.And then notice of judgement is served.If you are dodging service of court papers, you may find that you do not get notified — because you were specifically trying to avoid it.That does not mean you are not bound by the order, just because you successfully avoided the process server or deputy.
Can a person get a restraining order if their parents make them get one on a person they don't want one on?
If your friend is 18, her parents cannot legally get a restraining order on her behalf. The only exception would be if she were not competent (as determined by the court) and parents were still acting as her guardian. That doesn't mean she can't require her daughter to get one on her own as a condition of being able to live in her house though.
Can this person get a restraining order against me?
Personally I find you buying her a gift certificate to a fish market knowing she hates fish quite funny. Step kids are not always angels in my memory. I did the whole amends things in AA. But in my opinion it can go too far. The solution is not to admit I am the worst person on the planet since Pol Pot and then own up to it. While some apologies are helpful and legitimate, wholesale flagellation is, in my opinion, untruthful. In many ways I am no worse than the average human being and neither am I totally responsible for their lives, their choices and their responses to my influence. I am, like then, a fallible human being, struggling along with my own stuff. I personally left AA after 12 yrs because of the limited and misleading spiritual program. I personally prefer to address my issues using REBT, a psychologically based approach. Hard work, requiring long and persistant effort, cold and with no feel good factor. I wish you well. There is also smartrecovery.org which is an approach based on REBT.
Are restraining orders valid for life or can the person who got the restraining order against me decide they don't want one anymore?
The restraining order has an expiration date. If it is a temporary order, the expiration will be the court date. At that time, another may be issued. In my state, they are usually good for two years. Going to the police department won't help. Restraining orders are issued by a judge, so they can only be cancelled by a judge. She needs to make the request through the court that issued it.
Can I get a restraining order against this person?
I'm not sure about the restraining order. Get you a lawyer and see if you can get full custody of the children. If you can somehow prove the claims you are making I think you have an excellent chance of getting them & if your ex wife does not have the good judgment not to bring in someone she's only known online and who apparently has made physical threats to the children's father then she doesn't sound fit to handle being a parent. In the process of seeking full custody a restraining order on this woman may be necessary but otherwise I'm not sure if that's the way to go. Restraining orders can be gasoline on a fire & actually provoke 'retaliation.' Talk to a lawyer first. That's my suggestion & good luck.
Depends.A restraining order restrains a litigant from doing certain things. Among one of those conditions are usually communication with the restrainee or being within a certain distance. If you are the person whom the restraining order is on, and you live in the United States, then you are subject to that order. Even if the person is outside of the country.ExampleIf you assaulted someone and a restraining order says do not contact. The victim moves to the UK. You contact them on Facebook. Restraining order would be violated.
Sometimes. In order for you to get an enforceable restraining order against someone — or any other kind of court ruling, for that matter — the court that issues the order in the forum state has to have jurisdiction over the defendant.The concept of what lawyers call “personal jurisdiction” can be somewhat complicated. To oversimplify slightly, a state court can have personal jurisdiction over a defendant only if the defendant has some sort of minimum contacts with that state. Being physically located in the state is one way for a person to have the requisite minimum contacts, but it’s not the only way. A state court also has personal jurisdiction over an out-of-state defendant who:Has entered into a contract with a resident of the forum state;Makes or sells a product that is intended to be sold/used in that state;Provides a business service for residents of that state;Intentionally engages in conduct that it knows will have significant effects in that state; orHas a non-passive website that is viewed within the forum state.So if what you’re asking is whether an Alaska court can issue a restraining order against a Florida resident who has never had any contact with Alaska in her life, the answer is no.But if what you’re asking is whether a Pennsylvania court can issue a restraining order against a Delaware resident that is violating his patent and selling the goods in Pennsylvania, the answer is yes.