Question: Why Would A Temporary Restraining Order Be Denied?

What happens with a temporary restraining order?

Temporary Restraining Order.

A court order that lasts only until the court can hear further evidence.

A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary injunction..

Can a temporary restraining order be dismissed?

If you have a temporary restraining order (TRO) and a court hearing coming up, you cannot “drop” the case. … If you already have a “permanent” restraining order and you want to dismiss (drop) the case or change the restraining order, you must file papers (a motion) to go to court and ask the judge.

Why would a judge dismiss a restraining order?

Once everyone has testified, the judge will give his/her decision. She/he might keep the restraining order as it is, change it, or dismiss it. If the judge dismisses the restraining order, it is no longer in effect. This also means that any custody or parenting time order that was included is no longer enforceable.

Can a judge dismiss a restraining order?

Even if the parties no longer desire the restraining order to be in effect, the restraining order is still valid and enforceable while in effect. In order to remove it, the restraining order must be lifted by the court.

How long does it take to get an order of protection?

A temporary restraining order will protect you from the time you file until your full court hearing takes place, usually within 10 days.

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.

Why would a restraining order be denied?

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.

What happens if order of protection is denied?

Consider an Appeal or Peace Order If the judge does not grant a Protective Order, the Petitioner (you) may be able to appeal that decision to a higher court (typically from the District Court to the Circuit Court). … Generally an appeal must be filed no later than five (5) days after the Protective Order has been denied.

What happens if a temporary restraining order is not served?

If the police are not able to serve the defendant with a copy of the order before the date for the 10-day hearing, the judge will set a new date for the 10-day hearing. The new date will probably be another 10 days later. The judge will write on the ex-parte order that says the order is good until the new date.

Can I text someone if I have a restraining order against them?

Violating a restraining order could lead to serious criminal penalties, including jail time and expensive fines. Having a “no contact” restraining order issued against you means that you cannot make any contact with the protected person, including in person contact, phone calls, emails and text messages.