Can A Judge Grant A Restraining Order In The Military

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Can A Judge Grant A Restraining Order In The Military


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8 hours agoCan A Judge Grant A Restraining Order In The Military. 8 hours ago Restraining Orders: Step 3: A Judge Will Review Your . The Womenslaw.org All Courses . 6 hours ago This order will stay in effect until the full hearing is heard (usually within ten days) at which time you can be granted a final restraining order. 1 If the judge grants you a TRO, the police will serve the abuser with the TRO

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Military Protective And Restraining Orders


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21.086.417Just Now

1. The Uniform Code of Military Justice(UCMJ) defines criminal offenses for the military justice system. An offense requires an executive order—from the President—to be included. Further, Rule 304 of the Manual for Courts-Martial (MCM) allows commanders to impose pre-trial restraints under certain circumstances before a soldier's case goes to court. Pretrial restraint is a moral or physical restraint on a person’s liberty—freedom—which is imposed before and during the disposition of offenses. Pretrial restraint may consist of: 1. Restriction in lieu of arrest 2. Arrest 3. Confinement 4. Conditions on liberty The Military Justice System takes any charges of abuse by a service member very seriously. They will issue no-contact orders and military protective orders (MPOs) to protect the victims of such abuse.
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Do You Think Judge Will Grant Restraining Order For Online


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8 hours agoThe next day, I filed a restraining order. It is my understanding that you can seek a restraining order under these circumstances and I was granted a temporary one -- but the court date is Nov. 12th to determine if the order will be made permanent.

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Restraining Orders: Step 3: A Judge Will Review Your


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6 hours agoThis order will stay in effect until the full hearing is heard (usually within ten days) at which time you can be granted a final restraining order. 1 If the judge grants you a TRO, the police will serve the abuser with the TRO and the complaint, which will notify the abuser of the date for the full hearing for the final restraining order. 2

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Restraining Orders: What Can I Do If The Judge Doesn't


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6 hours agoYou can try to talk to a domestic violence advocate to find out what the problem was. It might just be something wrong in the paperwork. If possible, ask the clerk if you can correct the problem and re-submit the petition. If the judge found that you did not have any allegations of domestic violence (according to its legal definition), you can always reapply if another incident happens.

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Restraining Orders: The Steps For Getting A Restraining


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1 hours agoThis order will stay in effect until the full hearing is heard (usually within ten days) at which time you can be granted a final restraining order. 1 If the judge grants you a TRO, the police will serve the abuser with the TRO and the complaint, which will notify the abuser of the date for the full hearing for the final restraining order. 2

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SD Law Help Protection Orders


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7 hours agogrant a temporary protection order, and/or; grant a hearing for a permanent protection order; For the Hearing. After requesting a protection order and being granted a hearing, the person filing must appear and be prepared to give evidence or have witnesses to explain to the judge why the protection order is needed. A lawyer can be hired to

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Restraining Orders: Everything You Need To Know Mike …


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4 hours agoIf an individual attempts to file a restraining order against you and the judge does not grant the protective order, you will likely not even know that this has happened. When someone seeks to have a restraining order against another individual, the other individual isn’t informed unless the protective order is granted.

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JUDGES MUST EXPLAIN WHY THEY DENIED REQUESTS …


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3 hours agoAs you can see, the decision to grant or deny a Temporary Restraining Order can be a very difficult one to make. Judges have the powerful authority and the enormous responsibility to make these decisions. Now, under the law, they will have to let us know the reasons for denying a request to issue one. JESS J. ARAUJO, ESQ.

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What Proof Is Needed For A Restraining Order? San …


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2 hours agoIf a Judge hears from an individual about past cases of physical or emotional abuse without a good explanation from the other side, a restraining order can be granted. The relationships involved in a domestic violence restraining order must be spouses, co-habitants, a dating couple, or people who have children together.

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Will A Judge Grant A Permanent Restraining Order (more


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7 hours agoWill a judge grant a permanent restraining order (more than 5 years) if the evidence supports the need for it? I have filed a Temporary Restraining Order in California against an ex-girlfriend. Upon learning of my attempts to have the TRO served, she has sent me emails and left voice messages threatening me that she will never stop "hunting" me.

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Temporary Restraining Order (Civil) District Of Columbia


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5 hours agoTemporary Restraining Order (Civil) A Temporary Restraining Order (TRO) is part of a Civil case and lasts approximately 14 days. A judge can order a party to do or not do something for that brief period of time, including staying away from and/or having no contact with you. In a TRO, the judge cannot order a party to go to counseling or drug

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Restraining Orders And Domestic Violence Injunctions In


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6 hours agoRestraining orders and domestic violence injunctions can have an earth-shaking effect on any divorce case involving custody and parenting issues. A restraining order is free to file, is quick in its effect, and can give an incredible tactical advantage to the filing party. That is why it is important to hire competent legal help.

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All About Restraining Orders: Know Your Rights Felonies.org


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7 hours agoA restraining order, also referred to as a protective order, is a court ordered command to cease a certain behavior, generally involving contact with the individual who filed the restraining order. While the extent of the restraining order will vary case-by-case, a common reason would be a victim filing for a restraining order against an abuser.

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Restraining Order FAQs The California Crime And Violence


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8 hours agoRestraining Order After Hearing. After having a court hearing, a judge can grant you a Restraining Order After Hearing that can last up to five years. This order is designed to keep your abuser from threatening, harassing, or abusing you. You can ask the court later to have the order extended for another five years, or permanently.

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How To Get A Restraining Order In 10 Simple Steps Husker Law


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9 hours ago

1. Do Your Research. All restraining orders or protection orders are not equal. In the state of Nebraska, there are three types of protection orders available.
2. Gather Information. When filing an affidavit for a protection order, it’s crucial to have evidence for the judge. Keep track of dates of incidences, names of witnesses, police reports, medical records, and photographs of physical and sexual trauma.
3. Have Support. You shouldn’t go through a challenging situation alone. Whether you’re handling harassment, domestic abuse, or healing from a sexual assault, it’s essential to have support.
4. Develop a Safety Plan. Many people become stuck in domestic situations. But there are ways to get out of it. Search for local women’s shelters. Contact a domestic violence case manager and discuss your options about leaving your home.
5. Go to the Courthouse. After consulting an attorney or researching the information for submitting a protection order, it’s time to visit the district courthouse.
6. Bring All Documentation. Before going to the courthouse, grab all necessary paperwork and identification. The documentation should include dates of incidences, names of witnesses, police reports, medical records, and photographs of physical and sexual trauma.
7. Complete an Affidavit. The petition and affidavit to request a protection order is a detailed six-page form. The document refers to the person who harassed or abused you as the respondent.
8. Wait for the Judge to Review It. The judge reviews your affidavit after it’s submission. There are three outcomes for an affidavit. If there’s not enough evidence, it could get denied.
9. Allow the Order to Get Served. If an affidavit gets denied, you should seek legal counsel and discuss your options. Refiling an affidavit with the help of an attorney might ensure you receive the restraining order.
10. Distribute Copies. After the judge grants the protection order, it’s not official until the respondent gets served. Before leaving the district courthouse, review the restraining order for errors or missing information.

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Domestic Violence Protection Order Process


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9 hours ago

1. Types of Protection Orders Available. "I need a Restraining Order." This is what people often say to the Court Clerk when requesting an order to prevent abuse.
2. Domestic Violence Order for Protection. This is the most commonly requested order. It is a civil order from the court telling the family or household member who threatened or assaulted you not to harm you again.
3. Restraining Order. This is broader than a domestic violence protection order, since it can deal with property issues, child support, spousal support, as well as domestic violence and temporary custody issues.
4. No-Contact Order. This type of order does not require you to fill out a petition, because it is part of a criminal action. The court will decide whether to issue this order when it decides if the Respondent is to be released on bail or personal recognizance, or when the Respondent is arraigned (formally charged) or being sentenced.
5. Civil Antiharassment Order. This order typically applies to situations when the persons are not married or related to each other, for example, in disputes between neighbors, and stalking (stranger-stranger) situations.

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Restraining Orders: The Steps For Getting A Civil


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3 hours agoAfter the abuse occurs, you can get the necessary paperwork to request a civil protection order (CPO) and fill it out in a few ways. You can file for a CPO at the Domestic Violence Clerk, D.C. Superior Court (Moultrie Courthouse), Room 4510, 500 Indiana Avenue NW, Washington, D.C. 20001.. You can also file for a CPO online by filling out a petition and emailing it to the Domestic Violence

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How To Get A Restraining Order In Florida Legal Guides


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9 hours agoThe judge can grant a restraining order for life or for a period of time. The judge could also deny the petition. If the restraining order is granted, at any point in the future either the petitioner or the respondent can file a motion to remove the restraining order.

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Selfhelp Domestic Violence New Jersey Superior Court


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4 hours agoThe victim can ask the judge to dismiss the restraining order at any time. The judge will make the final decision as to if the restraining order will be dismissed. If you are unsure about whether or not to dismiss your restraining order, you can speak to the intake worker at the courthouse, someone in the family court, a victim advocate or your

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Judge Grants Restraining Order Point Of View Point Of View


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4 hours agoBy: First Liberty Staff – firstliberty.org – April 11, 2020 This afternoon, U.S. District Court Judge Justin Walker granted a temporary restraining order (TRO) preventing Louisville, Kentucky Mayor Greg Fischer from blocking On Fire Church from holding drive-in services on Easter. The TRO was filed yesterday in the United States District Court for the Western District of Kentucky by First

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Ask For A Restraining Order Abuse_selfhelp


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4 hours agoIf the judge denied your request because, in his or her opinion, the facts you provided on your Request for Civil Harassment Restraining Orders (Form CH-100) did not justify a temporary restraining order (you can find out by looking on item 4(b) of your Form CH-109), you can also try to provide more specific information and facts for the judge

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Restraining Orders: The Steps For Filing For A Domestic


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9 hours agoThe judge will also set a hearing date for your full permanent restraining order hearing. If the judge does not grant you a temporary restraining order at the ex-parte hearing, you will may still be given a court date for a full permanent restraining order hearing (assuming your petition is not dismissed), which would be scheduled to occur

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New Jersey Restraining Orders WomensLaw.org


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2 hours agoTemporary restraining order (TRO) When you file a complaint for a restraining order, you can ask for a temporary ex parte restraining order (TRO) to be issued immediately. A judge can grant you a TRO if s/he finds that it is necessary to protect your life, health, or well-being.

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How Restraining Orders Impact Your Life, Record Husker Law


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6 hours agoFinally, you can have the restraining order tried by a judge if you hope to get it pardoned or overturned. How Long Do Restraining Orders Last? The initial temporary restraining order usually lasts 10 days, with a court date set on the day it expires. On that date, you and the person filing a restraining order both need to come to court.

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Ask For A Restraining Order Dv_abuse_selfhelp


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1 hours ago

1. Fill Out Your Court Forms and Prepare to File 1. Read How Do I Ask for a Temporary Restraining Order? (Form DV-505-INFO) This form is also available in Spanish, Chinese, Korean, and Vietnamese.
2. File Your Court Forms With the Court. Once you have filled out all your forms, you have to file them with the court. Follow these steps: 1. Take your forms to the court clerk.
3. "Serve" Your Papers on the Restrained Person. "Serving" means that the other side must get copies of any paper you file with the court. In “service” a third person (NOT you) is the one who actually delivers the paperwork to the other side.
4. Get Ready and Go to Your Court Hearing. Get Ready for Your Hearing. This section will tell you how to get ready for your hearing. Read Get Ready for the Restraining Order Court Hearing (Form DV-520-INFO) for more information.
5. After the Court Hearing. If the judge issues a restraining order at the hearing, or any type of orders, you will have to prepare a written order for the judge to sign.

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How Long Does It Take For The Judge To Issue Restraining


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3 hours agoA judge can issue a restraining order immediately without a hearing, depending on the seriousness of the allegations. When a restraining order is first issued, it is usually temporary. A hearing date will be set by the court for both parties to appear within 20 days. At the court hearing, testimonies from both the parties will be heard.

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5 Things To Know Before Filing A Restraining Order In


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9 hours agoOnce the court order has been domesticated, it will be treated as a Florida court decision. 4. You will need to appear in court for a final restraining order. Immediately after filing for a restraining order, a judge will decide whether or not to issue a temporary injunction based on the information provided in the petition for the injunction

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Restraining Order Frequently Asked Questions


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5 hours agoOnce you or your lawyer applies for a restraining order, the judge has two business days to decide whether to grant your request for protection. If the judge grants your request, you will get a temporary restraining order that lasts for up to three weeks, until your hearing in court. The court will decide if a permanent restraining order will

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Ask For A Restraining Order Abuse_selfhelp


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4 hours ago

1. Fill Out Your Court Forms and Prepare to File 1. Read How Do I Get an Order to Prohibit Workplace Violence? (Form WV-100-INFO) 2. Fill out your restraining order forms.
2. File Your Court Forms With the Court. Once you have filled out all your forms, you have to file them with the court. Keep in mind that procedures for filing papers for restraining orders vary from court to court, so check with the court clerk for the procedure in your court.
3. “Serve” Your Papers on the Respondent. “Service” means that the other side must get copies of the papers that you filed with the court. In “service,” a third person (NOT you) is the one who actually delivers the paperwork to the other side.
4. Get Ready and Go to Your Court Hearing. Get Ready for Your Hearing. This section will tell you how to get ready for your hearing. Be prepared: Get your papers together.
5. After the Court Hearing. If the judge issues a restraining order at the hearing, you will have to prepare a written order for the judge to sign using the Workplace Violence Restraining Order After Hearing (CLETS-WHO) (Form WV-130).

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Judge Clarifies Restraining Order Against Colorado, Allows


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6 hours agoThe federal judge who halted Colorado's distribution of COVID-19 relief funds to small businesses based on their minority-owned status has clarified that his temporary restraining order

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Restraining Order Requirements In Ohio


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5 hours agoThere are two kinds of protection orders in Ohio .A temporary ex parte protection order can be granted the same day you file your petition in order to give you immediate protection from the abuser. The judge can grant the ex parte order if there is “good cause” to do so. . Immediate danger of domestic.

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Temporary Restraining Orders Bridgeport Family Court Lawyer


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3 hours agoIf a judge grants the restraining order it can last no longer than six months. However, prior to the expiration of the order the Applicant may request that the order be extended. In addition to orders designed for the Applicant’s protection, a judge has the authority to enter orders for the protection of the Applicant’s children such as

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Domestic Violence Restraining Orders Restrained Party


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6 hours agoIf you choose not to oppose, the Court may grant a restraining order against you for up to 5 years. California law requires the Court to post the orders against you in the statewide Domestic Violence Restraining Order System maintained by the California Department of Justice (DOJ).

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Carlsbad Restraining Order Lawyers Prosecution & Defense


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3 hours agoRestraining Orders in Carlsbad Carlsbad Lawyers for Restraining Order Prosecution and Defense. Restraining orders can be a very effective mechanism by which to provide a cooling-off period in cases of high-conflict, but they can also be abused and used as a strategy to gain an unfair advantage in a family law case.We refuse to represent those looking for the latter.

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Bridgeport Restraining Order Connecticut Protective Order


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2 hours agoIf a judge grants the restraining order, it can last no longer than one year. However, prior to the expiration of the order the Applicant may request that the order be extended. In addition to orders designed for the Applicant’s protection, a judge has the authority to enter orders for the protection of the Applicant’s children and can

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Restraining Orders: Information For Respondents


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2 hours agoRestraining orders, also known as injunctions, are final orders of the court that prohibit contact between people. The person seeking the restraining order is known as a Petitioner. The person receiving it is the Respondent. Restraining orders are sought in two situations - …

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Restraining Orders/Civil Harassment Superior Court Of


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4 hours agoIf you file your petition after 10 a.m., you may pick-up your restraining order the next court day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103. Please pick up your order promptly to allow enough time to have the defendant (s) served with the Temporary Restraining Order and Notice of Court Hearing.

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Ask For Immediate Restraining Orders: Parentage Cases


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3 hours ago6. Go to the courthouse to ask the judge to sign your immediate restraining order. the judge may ask you to pay a “bond” when issuing the restraining order. If you ask the judge not to make you to pay one, be ready to show why you cannot afford it. Civil Rule 65(c). 7. Get certified copies of the immediate restraining order and hearing notice

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Protective Orders In Virginia– Requesting The Protective


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7 hours agoIn cases of family abuse, an EPO can also: Grant temporary possession of the residence to family/ household members. 2. Preliminary Protective Orders (PPO) Only a judge can issue a PPO. You must obtain a PPO within a short time after you have been the victim of …

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CHAPTER 3 Protection Orders In Ohio


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7 hours agoMagistrate may conduct hearing and grant or deny the order without judicial approval [Civ. R. 65.1(F)(2)] • Magistrate denial or granting of the order not subject to Civ.R. 53(D)(2) or (3) • Effective upon magistrate’s signature and filing with clerk of court • Order signed by magistrate has same effect as if entered by the court

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Restraining Order Definition, Examples, Cases, Processes


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21.086.4176 hours ago

1. A restraining order is issued by a court to protect a person from physical abuse, threats, or harassment by another specific person. A restraining order is obtained after the court determines that the applicant has a reasonable belief that he or she is in imminent danger, or may be in danger due to the actions of another. In some jurisdictions, restraining orders are referred to as protective orders, and the person to whom it is issued is referred to as the protected person. The court order specifies the rules of the protective order, and clearly states that a violation may result in arrest. To explore this concept, consider the following restraining order definition.

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Violating A Restraining Order During California Divorce


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5 hours agoWhy Judges Grant Restraining Orders. The logic behind restraining orders makes sense. Many marriages indeed are riddled with domestic violence, and a restraining order provides victims with space they need to get through the divorce and move on with their lives. Unfortunately, judges sometimes award restraining orders without hearing from the

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Restrainingorders Broward County


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9 hours agoA restraining order is an injunction. A temporary restraining order can be granted immediately, without a hearing and without any notice to the opposing party. Temporary Restraining Orders are intended to last only until a hearing can take place. If a restraining order is violated, call 9 …

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Court Forms: Immediate Restraining Order Wa


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5 hours agoA court may grant an Immediate Restraining Order (Ex Parte) the same day as the request is made, even without notice to the other party/ies, if necessary to provide safety. The court may grant a Temporary Family Law Order and Restraining Order after a hearing, with notice to the other party, and the orders can stay in effect until your case is

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How To File A Restraining Order In Arizona Arizona Legal


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4 hours agoStep 4: Serve the order of protection. If the judge grants the restraining order, legally you must notify the defendant. You will serve them with the Petition for the Order of Protection and a copy of the signed Order of Protection through a process server or a member of law enforcement.

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Restraining Order In Nj Thefreecoursesite.com


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4 hours agoNew Jersey Restraining Orders WomensLaw.org. 2 hours ago Womenslaw.org Show details . In New Jersey, there are two types of restraining orders: Temporary restraining order (TRO) When you file a complaint for a restraining order, you can ask for a temporary ex parte restraining order (TRO) to be issued immediately. A judge can grant you a TRO if s/he finds that it is necessary to protect your

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Frequently Asked Questions

What happens if I ask for a restraining order?

Even if the judge denies your temporary restraining order or did not make all the temporary orders you asked for, you can still go to the court hearing and ask for those orders. The judge may grant them at the court hearing, even if he or she did not grant them as temporary orders before the hearing.

When is a restraining order issued in the military?

Military Protective and Restraining Orders. In the civilian justice system, a "restraining order" or "protective order" is issued by a judge when a party petitions the court for protection from another individual.

How to get a restraining order in New Jersey?

In New Jersey, there are two types of restraining orders: When you file a complaint for a restraining order, you can ask for a temporary ex parte restraining order (TRO) to be issued immediately. A judge can grant you a TRO if s/he finds that it is necessary to protect your life, health, or well-being.

How to file for a temporary restraining order?

Follow these steps: 1 Take your forms to the court clerk The clerk will give all your forms to the judge. ... 2 Find out if the judge issued the temporary restraining order Return to the courthouse when the clerk tells you to pick up your paperwork. ... 3 File your forms If the judge signs the order, the court clerk will file it. ... More items...

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