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-   -   Restraining Order of Father (https://www.askmehelpdesk.com/showthread.php?t=475939)

  • Jun 2, 2010, 09:01 PM
    Metalhead11592
    Restraining Order of Father
    Dear whomever may read/respond to this,
    I'm the boyfriend of a great girl, however her parents get along like oil and water. They clash every time they talk or see each other its gotten to the point where the mother had to place a permanent retraining order onto him. There the mother had placed the order onto the father but it also included my girl friend she was only 12 at the time, now she is 18 years old and wants to see her father but he gets nervous about meeting her because he thinks that he'll get sent to prison if he sees her because he is paranoid about the mother calling the police on him. I'm wondering is the restraining order on him still applicable for her since she was listed as a minor on the order and now she's 18 years old? Would she have to go to court and get the restraining order lifted to prevent legal issues or is it that she's 18 now? I would really like to get a professional answer as soon as possible because we are going to prom soon and I wanted her father to see her dressed up in person. Thank you all so very much.
  • Jun 3, 2010, 07:41 PM
    GV70

    Have a look at the order. At the end of the hearing, the judge should determine a final order, for how long, and under what conditions...
    If there is not time limit there mother will have the right to file criminal charges against him.
  • Jun 3, 2010, 07:48 PM
    cdad
    Quote:
    Originally Posted by GV70 View Post
    Have a look at the order. At the end of the hearing, the judge should determine a final order, for how long, and under what conditions..........
    If there is not time limit there mother will have the right to file criminal charges against him.
    Im not so sure for 2 reasons.

    1) by her being 18 the mother can't speak on her behalf without a POA.

    2) Hes not the one violating the order of protection. She would be and in that case the law can do nothing.

    We have seen it before in one side getting an order of protection and then contacting them. Its grounds to have it removed entirely. Also having an order for a minor would have to be reaffirmed when the child reaches the age of emancipation.
  • Jun 4, 2010, 05:02 AM
    GV70
    Quote:
    Originally Posted by califdadof3 View Post
    Also having an order for a minor would have to be reaffirmed when the child reaches the age of emancipation.
    Would you like to cite an article of existing law or court decisions?
    Thank you in advance.


    I know once a restraining order is issued it is a final order and stays in place until it is revoked.
    She needs to convince the judge to revoke the restraining order.
    The judge can hear arguments for and against revoking the restraining order. In some cases, if the request is coming from the victim and the cause(s) for which the restraining order was issued are relatively minor, a judge may waive the hearing and simply grant the motion to revoke the restraining order.
  • Jun 4, 2010, 05:46 AM
    ScottGem

    This is a fine point of law, so to be on the safe side your girlfriend can go to court to have the RO rescinded on her part.
  • Jun 4, 2010, 05:49 AM
    GV70
    Quote:
    Originally Posted by ScottGem View Post
    This is a fine point of law, so to be on the safe side your girlfriend can go to court to have the RO rescinded on her part.
    My point of view,too.
  • Jun 4, 2010, 12:56 PM
    cdad
    Quote:
    Originally Posted by GV70 View Post
    Would you like to cite an article of existing law or court decisions?
    Thank you in advance.


    I know once a restraining order is issued it is a final order and stays in place until it is revoked.
    She needs to convince the judge to revoke the restraining order.
    The judge can hear arguments for and against revoking the restraining order. In some cases, if the request is coming from the victim and the cause(s) for which the restraining order was issued are relatively minor, a judge may waive the hearing and simply grant the motion to revoke the restraining order.
    In the laws for many states that I have researched it shows one consistent thing. Unless written otherwise ALL restraining orders expire or have some limited extent. Im not saying that in this case it has expired. But as has been pointed out the child is no longer a minor so in a case like this it (may have) an experation upon emancipation.

    Here are just 2 of the places with direct quotes from the law.


    Ref:

    WomensLaw.org | South Carolina Statutes: Expiration of temporary restraining orders and restraining orders; extensions and modifications.


    http://rds.yahoo.com/_ylt=A0geu119Vw...es/CR-6000.pdf


    The second of the 2 shows that if left undated it has a definite experation date unless extended. In a family court situation it would last for the child until emancipation and for the adult last until the court ordered experation. Unless an extension has been made.
  • Jun 4, 2010, 11:57 PM
    GV70
    1.Alabama-Protection From Abuse Order up to 1 year, may be extended
    2.Arkansas -Order of Protection up to 2 years
    3.California-Restraining Order After Hearing up to 3 years
    4.Colorado-Permanent Protection Order indefinite, subject to judge's discretion
    5.Michigan-Domestic Relationship Personal Protection Order subject to judge's discretion
    6New York-Permanent Order of Protection up to 5 years (generally issued for 1-2 years)
    7Rhode Island-Restraining Order subject to judge's discretion
    8.Virginia -Permanent Protective Order up to 2 years
    9.Washington-Domestic Violence Order for Protection,up to 1 year in the case of a child in common, otherwise
    Subject to judge's discretion, may be fixed period or indefinite
    10Pennsylvania-Final Protection from Abuse Order up to 18 months, may be extended

    /the same source/

    After a hearing, a Restraining Order can remain in effect for a period, even several years. This Restraining Order After Hearing can also be renewed for additional periods upon application by the protected person, and its duration may become permanent.
    That's true even if there is a limit. My mother's next door neighbor got a permanent RO because he was in violation of two previous TRO.This is in Pa/Philadelphia/,notwithstanding there is 18 months limit.

    Even in your example "(A) An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court...
    (C) The family court may modify the terms of any order issued under this section.
  • Jun 5, 2010, 06:29 AM
    cdad
    Quote:
    Originally Posted by GV70 View Post
    1.Alabama-Protection From Abuse Order up to 1 year, may be extended
    2.Arkansas -Order of Protection up to 2 years
    3.California-Restraining Order After Hearing up to 3 years
    4.Colorado-Permanent Protection Order indefinite, subject to judge's discretion
    5.Michigan-Domestic Relationship Personal Protection Order subject to judge's discretion
    6New York-Permanent Order of Protection up to 5 years (generally issued for 1-2 years)
    7Rhode Island-Restraining Order subject to judge's discretion
    8.Virginia -Permanent Protective Order up to 2 years
    9.Washington-Domestic Violence Order for Protection,up to 1 year in the case of a child in common, otherwise
    subject to judge's discretion, may be fixed period of time or indefinite
    10Pennsylvania-Final Protection from Abuse Order up to 18 months, may be extended

    /the same source/

    After a hearing, a Restraining Order can remain in effect for a period of time, even several years. This Restraining Order After Hearing can also be renewed for additional periods of time upon application by the protected person, and its duration may become permanent.
    That's true even if there is a limit. My mother's next door neighbor got a permanent RO because he was in violation of two previous TRO.This is in Pa/Philadelphia/,notwithstanding there is 18 months limit.

    Even in your example "(A) An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court ...
    (C) The family court may modify the terms of any order issued under this section.
    That's why this person really needs to seek an answer from a lawyer in their area where they live. Like Scott said it's a Gray area because of how the laws are written. And I agree that a Restraining order (adult to adult) can last a lifetime if its written as such.
  • Jun 7, 2010, 10:00 PM
    Metalhead11592

    To help be more specific We are from New Jersey. We are going to the court house either tomorrow or the day after.

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