If you want to fight the order, you will probably need an attorney. Depending on your circumstances, such as if children are involved, you may want a specific type of attorney, such as one who practices family law. Function A restraining order is a tool used by the court to keep people away from certain places or certain people.
Restraining Order Hearing IMPORTANT! This handout is not a substitute for the advice of an attorney. Restraining order hearings can be complicated and much is at stake. Before representing yourself, you should make every effort to get legal help. If you have not tried to get an attorney, please do so now. Free or
Do Not Sell My Personal Information. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order.
Oct 18, 2016 · tel: (503) 796-0909. Private message. Call. Message. Profile. Posted on Oct 19, 2016. You can contest a restraining order by filing a request for a hearing. You must file this request within 30 days of being served with the order. You do not need to provide any particular factual account or claims in the response.
Oct 05, 2018 · If a defendant is seeking to vary or discharge a restraining order, a criminal defence solicitor can do this on their behalf. An application must be made in writing and sent to the relevant sentencing court and the CPS, in particular requesting the CPS to provide the original file under which the order was made at court.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
Variation or discharge. Section 5(4) of the PHA 1997 permits the prosecutor, defendant or any other person mentioned in the section 5 or 5A order to apply to the original court for the order to be varied or discharged.
Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.
A restraining order can either be dealt with on appeal to the Court of Appeal or on re-application to the Crown Court that made the order.