What would make a judge grant a permanent restraining order? I took one out on my ex a year ago, and when I went to renew it for another year, the judge made it permant instead... just curious why?
2006-08-30 05:05:13 · 4 answers · asked by Jacob & Adam's Mommy 3 in Politics & Government ➔ Law & Ethics
Because the judge is pretty smart about these things, that is why he is paid the big bucks.
2006-08-30 05:11:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There are three types (durations) of restraining orders.
Temporary restraining orders are granted immediately, to preserve the status quo until a hearing on the merits of the issue. If the court determines a likely chance of success on the merits at a final hearing, then a preliminary injunction is granted until then. The preliminary injunction covers the period from the initial hearing, until a final judgment is rendered on the merits.
Once all the facts have been heard and a final judgment is rendered, the judge will determine if the behavior or problem is an enduring one, and one that needs to be stopped through the force of law. If so, the court will order a permanent injunction or a permanent restraining order.
In the situation you mention, the renewal probably led the judge to believe that the problem was of sufficiently long term that you would likely be in to continually renew it as things went along. In such cases, it's easier to make it a permanent (indefinite length) order, since it's still subject to later modification if things change.
2006-08-30 05:47:26 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
A restraining order is in elementary terms a chew of paper. it somewhat is ineffective if this lady desires to break you. every time she comes on your assets lock the doorways and contact the police on the instant. PRESS costs. whilst given the possibility. EVERYTIME. in the experience that your guy is indignant he's no longer on your section the place he desires to be. The extra situations you press costs the extra of a record she can get and the harsher the punishment. ultimately a choose will become bored of her antics and threathen an extremely strict punishment is she keeps to harrass you. you are going to be able to desire to press attack costs for what has befell already if nonetheless attainable. I spoke to a DA as quickly as approximately this comparable challenge and it somewhat is the advice i became given.
2016-09-30 04:18:05 · answer #3 · answered by ? 4 · 0⤊ 0⤋
the threat still exists
2006-08-30 05:10:21 · answer #4 · answered by Char 7 · 0⤊ 0⤋