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Give the protected person the orders he or she asked for. Give the protected person some of the orders he or she asked for and not others. Not give the protected person any of the orders he or she asked for. Postpone your case and give you a new court date.
Emergency Temporary Restraining Orders: If you are in need of emergency protection outside of regular court hours, the court may grant you an emergency temporary restraining order if there is an immediate and present danger of abuse. The judge must consider any and all past history of abuse, or threats of abuse, in
A violation of a restraining order will often result in arrest, and is a criminal offense.If there is a restraining order against you, but the person who filed the order repeatedly tries to have contact with you, you may go to court to ask the judge to vacate the restraining order.
If 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.If the connection between the parties is something else, like neighbors, then the restraining order is a civil one, not domestic violence.
You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking.
There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.
In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.
You can fill out and file a Response to Request for Civil Harassment Restraining Orders (Form CH-120. ) where you tell the judge your side of the story about what happened. Even if you do not file a Response, GO TO YOUR HEARING!