I am trying to help a friend who has one. Personally I think it is bogus, but it is there anyway. The local systems will not or cannot tell him the expiry. So he thought by looking online, I might be able to find something that will say the different durations if there are. We both live in Ontario, Canada. My own searching is poor, and all I find is stuff for abused women. His deals with harassment. I can't seem to find anything much. Please advise. Even general info may be common to most states or provinces.
2007-07-23 12:05:40 · 15 answers · asked by William P 2 in Politics & Government ➔ Law & Ethics
the answer is.... until the judge that imposed it removes it
2007-07-28 15:19:34 · answer #1 · answered by . 4 · 0⤊ 0⤋
Each restraining order is different. A "restraining order" is issued by a judge, and the judge can attach different conditions to any order he issues. Most people think of restraining orders only in terms of domestic abuse, but many different kinds of restraining orders exist. (For example, if your neighbor started to build a garage on your property, a judge would issue a restraining order to halt construction while it was determined whose property it was on.)
All restraining orders are temporary. However, just because restraining orders are temporary does not mean a restraining order must expire "automatically" after a given period of time (though some do). In many if not most cases, the order is instituted by the judge, and the order is lifted if and when that judge determines that it is no longer needed.
Obviously the maximum length of time a restraining order *can* remain in force is determined, first of all, by the laws of the state you live in. Each state is, no doubt, a little different. But you will find one thing constant: it depends on the discretion of the court. A judge could issue a restraining order to expire in 3 days or in 3 years.
Have your friend look at the restraining order itself. If the order does not bear an expiration date, then that means the order remains in force until the court sees fit to lift the order.
*****
By the way, I notice you used the word "expiry." This suggests to me that you may be writing from Britain. If that is the case, then I am talking through my hat...
2007-07-23 12:33:59 · answer #2 · answered by Jason W 5 · 1⤊ 0⤋
As far as I know, restraining orders are valid for one year. Each year, you need to renew the order. But, this can depend on what the restraining is for. The more serious the reason, the longer that the order can remain in place. I know that there are permanent restraining orders in special situations.But, I think this requires renewal every 5 years. Then, there are temporary restraining orders that are usually good for 90 days. After the 90 days, you need to return to the court to obtain a restraining that is the good for one year. Do be certain, I think it's best for you to ask the advice of a legal professional. I hope that this has helped some.
2007-07-30 03:13:42 · answer #3 · answered by Ruth 7 · 0⤊ 0⤋
In the US, it varies from state to state (usually 10-20 days) and normally says when it expires right in the order. There are court rules or state laws in each state that set out the time limit. In the US, a 'restraining order' usually is a very termporary order in place until the court can hold a hearing to decide if a longer-lasting order, an 'injunction', should be issued.
2007-07-23 12:12:48 · answer #4 · answered by Crystal 4 · 0⤊ 0⤋
If there is actually a written court order/restraining order, it should be available at the local court house where the order was entered. Your friend should have a copy of the order itself. Most domestic violence petitions have 60, 90, 180, or 365 day limits but the order itself has this clearly stated. Essentially, you would have to look at his court order from the hearing or relocate the order to determine the length of time this requires.
2007-07-31 07:52:13 · answer #5 · answered by Shana N 3 · 0⤊ 0⤋
First of all your friend is giving you a line of bull if he is telling you that he does not know the length of the order. All restraining orders are given in writing to both the protected and the offender. If he has lost this, he needs to go see the clerk of courts in his jurisdiction for another copy of this order so that he knows what he is legally allowed to do and not do. These records are usually sealed, but with proper ID he has legal rights to this information.
2007-07-30 10:26:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If the restraining order is against him, he should have been given a copy. The order will state if and when it expires. The court that issued the order will have a copy and MUST provide that information to anyone expected to abide by the order. IF the order is available on-line, it will be found at the website of the court that issued the order. Any 'standard' term won't apply to his specific order.
2007-07-23 12:18:39 · answer #7 · answered by STEVEN F 7 · 1⤊ 0⤋
I don't know the length of time, but the court that gave the order should be able to tell you about a legal website for general information about such things. Ring them up and ask.
2007-07-23 12:10:41 · answer #8 · answered by jenesuispasunnombre 6 · 0⤊ 0⤋
IF the restraining order has a fixed duration (most don't) then it would be on the order, and he's entitled to a copy of the order against him.
2007-07-23 12:17:38 · answer #9 · answered by coragryph 7 · 1⤊ 0⤋
Length varies; when the order is issued, it will state duration (or permanent).
2007-07-23 12:11:58 · answer #10 · answered by Anonymous · 0⤊ 0⤋
Inanimate Phoenix asked a related question. She said that Christians tend to have a battered-wife syndrome mentality when it comes to their overbearing deity.
2016-05-21 04:58:02 · answer #11 · answered by meridith 3 · 0⤊ 0⤋