Can someone with warrants file a restraining order?
my best friend got in a fight with her boyfriend and is scared he will return. she wants to file a restraining order but thinks she may have warrants and will arrest her. i told her to try it, but will she be arrested?
Do you need evidence to get a restraining order in Maryland?
It's more complicated that a simple yes or no. Maryland restraining orders (called "Peace Orders" or "Protective Orders") have two phases to them. The first part is where the petitioner (the "victim" that wants the order) goes to a courthouse and files for one. They have a hearing with a judge where they explain themselves under oath on why they need the order and present any evidence they have. Hard forensic evidence is not required, but it helps. The petitioner's personal credibility is a factor if they have no physical evidence. Say for example they are a respected physician with no criminal record and the reason for the order is totally believable (a dangerous ex-patient with a drug history). The petitioner's story doesn't just have to be believable. The story has to involve a specific behavior that warrants protection. If the person they want protection from just glared at them across the street one time, that isn't valid and the judge will dismiss it. If the judge accepts the claim a valid, he issues an order good for 7 days. It is served to the "target" of the order immediately by a sheriff and takes effect as soon as they get it. The second phase occurs a week later, where both the petitioner and the target of the order have to appear for a second hearing. Here is where both sides get to tell their side of the story and present all the evidence that they have to the judge. The judge then decides if he believes the petition AND if the actions of the person targeted by the order warrant protection. If he does, he issues a final order that can last as long as 2 years depending on the type and the circumstances. However the judge can also deny the order if the target presents compelling evidence they did not do anything improper (for example if they are a legitimate debt collector who just calls a lot to get the account settled) If it can be proven that the petitioner LIED, gave falsified evidence, or filed for the order for malicious reasons, they are charged with a crime and can go to jail, because it counts as perjury.
How can someone have a warrant for a restraining order if they never attempted contacting the victim?
Because a restraining order often includes a restriction to stay a certain distance away from the other person, in addition to not contacting them. You could violate that restriction, deliberately or accidentally, and be guilty of violating the R.O. without making any attempt to contact the other person.Suppose you have a R.O. requiring you to stay 500 feet from your ex. You go into that new restaurant on the other side of town to see what it's like. You take a seat at the bar, mind your own business, eat your dinner, pay your bill and go home.Meanwhile your ex arrived at the same restaurant 10 minutes before you, and was already seated when you arrived, and she saw you come in. You had no idea she was there and you did not attempt to contact her in any way… but you're still in violation of the R.O. because you were within 500 feet of her. She could tell a convincing story that you must have followed her to that restaurant, as it is on the other side of town from where you live.
If you violate a restraining order, can you get an arrest warrant authorized for your arrest?
If there is probable cause to believe that you violated a restraining order, then yes, you can have a warrant issued for you. Violating a court order is a crime.If there is a restraining order against you, avoid the individual completely. Even if the individual contacts you first, and consents to your visit, it’s a crime.
Can you get a restraining order on someone you've never met?
I'm not in this situation, I'm just wondering. With IMs, and Chat, and email, facebook and all that. If a person is being harassed, has the law caught up with the electronic age?
The defendant in a Restraining Order case has not yet been served! Does he have to show up to court anyway?
I assume that you already have an ex parte order. Known as a temporary restraining order, this sets the date for the hearing on a permanent order. If he does not show up to the next hearing he will most likely lose his case and have an order placed against him. You can request, and the court will allow for the police in his hometown to be issued the order, and even if he claims that he does not know about it, which apparently he cannot do now, the police will enforce the terms of the order. Since he heard that you are trying to get him served, that means there are people acting as go-betweens. If you can, get these people to show up at the next hearing, the court will want to hear from them concerning your ex's efforts to avoid service. Good luck
When you go visit an inmate, restraining order ?
They may just check local warrants and not get into the system where it shows the restraining order. Is the restraining order against you or your husband. If its you, then you could be placed underarrest. If it is against your husband, you should not be visiting unless you get the court to vacant that order. Even though he is in jail, you come and visit and he sits there and talks to you, he is in violation of the restraining order and subject to additional charges. Even when you show up. If the front desk personnel allow you to enter the jail to visit when they know there is a restriction, they themselves can be called before the judge to answer questions or be found to be in contempt. Make sure the restriction is dropped before you visit again.
As a minor, can a restraining order be dismissed once I turn 18?
The length of the PMO (permanent restraining order) is usually at the discretion of the judge. If your boyfriend does not feel that he deserves this then he needs to show up at the hearing because he will get a chance to explain his side of the story. I hope that your boyfriend is not abusive or a threat to your safety. This is usually the reason that a restraining order is obtained. As a person that has dealt with domestic violence in the past and especially in my mid to late teens, I would just like to urge you to be careful and not allow anyone to treat you badly. Ok? Hope I answered your question.