Quick Answer: Can You Put A Restraining Order For No Reason?

Can you get a restraining order online?

How do I file for a restraining order.

For a civil restraining order: You (or your attorney) file the request.

You, or your attorney, can draft the terms of the proposed order you wish to get from the court, and specify that the order applies to online and offline behavior in that order..

Why do restraining orders expire?

Your 209A restraining order is only good for a set amount of time. For example, it might be good for 2 weeks, 6 months or for 1 year. … You must attend that hearing if you still need the restraining order. If you not attend the hearing, the order will expire at the end of the day.

Does protective order affect divorce?

A restraining order can do a lot more than that, however. In fact, a restraining order can impact nearly every issue usually resolved in a divorce, except for actually changing the legal marital status of the parties.

What proof do you need to get a restraining order against someone?

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

Does a restraining order ruin your life?

A restraining order or order of protection can be a person’s last resort against threatening or harassing behavior. They can also be a person’s only means to stop domestic violence or abuse. In some cases, restraining orders can save lives. In other cases, they can ruin lives or be a tool for harassment.

What happens if someone files a restraining order against you?

To report a violation of a restraining order, you need to call the police or go to the police station. 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.

Do you have to show up to a restraining order hearing?

You r appearance at a restraining order hearing is not required by law. If you do not show, the court will NOT issue a warrant for your arrest. If you are the plaintiff on a restraining order hearing, your failure to appear will result in the court not…

What happens if you are never served with a restraining order?

Which party wasn’t served? If the respondent (the person the restraining order is intended to be enforced against) is never served, then the order is not enforceable. The respondent must be served in order to be aware of the order and therefore be in violation of any such order.

Why would a judge deny a restraining order?

A judge issues a restraining order in civil court to protect a person and her property from being threatened or harmed by another person. … Often a restraining order is denied because the judge believes the petitioner did not show evidence of a serious threat or harm by the defendant.

Is a violation of a restraining order a felony?

Violating a restraining order, prohibited by Penal Code § 273.6, is usually a misdemeanor, but it can be charged as a felony.

What happens at a restraining order court hearing?

You have the right to attend the final restraining order hearing to defend yourself against the other party’s allegations before a final restraining order can be issued against you. … At the hearing, the judge will hear testimony from both parties and possibly any witnesses.

What percentage of restraining orders are granted?

90%Recognizing two procedural regularities helps interpretation and analysis of restraining order statistics. First, about 90% of initial civil petitions for domestic-violence restraining orders are typically granted. The same is true for police requests for emergency domestic-violence restraining orders.

Do I need a reason for a restraining order?

You can file for a restraining order for many reasons. One of the most common justifications is to stop a person from contacting, harassing, or stalking you. … The type and duration of a restraining order may vary from one situation to another and from state to state.

Can you get a restraining order for anything?

Obtaining a Restraining Order A victim of domestic violence can obtain a restraining order. The term includes any person who has been subjected to domestic abuse by a spouse or a present or former household member.

How long does it take to get a restraining order served?

If the judge grants a hearing date to discuss the need for a Permanent Domestic Violence or Elder or Dependent Adult Abuse Restraining Order, it will be scheduled 21 to 25 days from the date you filed your paperwork.

Can a restraining order force someone to move?

If the restraining order specified that the person against whom it is issued remain a minimum distance and they are living within that distance, then they would have to move, at least temporarily, until the order is lifted or modified.

What happens at a hearing for a restraining order?

The judge might also ask questions to you or to any other witnesses. Next, the other party, who will usually be known as the defendant or respondent, will be allowed to present his/her case. … If your case is for a restraining order. The judge may grant you and sign the final restraining order that day at your hearing.

What kind of charge is a restraining order?

Violation of a restraining or protective order of any kind can lead to criminal charges. You could face jail time, fines, and it could affect your probation. You could be charged with a misdemeanor, a felony, or with contempt of court for violation of an order.