Can you live with someone you have a restraining order against?
Asked by: Daisha O'Keefe | Last update: March 29, 2025Score: 4.6/5 (17 votes)
A move-out order requires the person you live with and who is abusing you to move out of the house. If the Judge approves a move-out order in the Temporary Domestic Violence Restraining Order, the other person will need to leave temporarily, taking only what personal belongings he/she needs until the hearing date.
What happens if I contact someone I have a restraining order against?
Violating a restraining order in California is a criminal offense, punishable by fines, imprisonment, or both. The penalties for violating a restraining order are outlined in California Penal Code section 273.6, and they can vary depending on the circumstances of the violation and any prior offenses.
How long does a restraining order last in Hawaii?
A temporary restraining order (TRO) is valid for 180 days from the time the TRO is granted and filed. unless otherwise ordered by the court. If you want to extend the TRO, an Order to Show Cause (OSC) hearing is required.
How does a restraining order work if you live in the same building?
Cohabitation and Restraining Orders
And that means the defendant must vacate the property as soon as the TRO is issued. Believe it or not, remaining in their own home could result in criminal charges being filed against them.
How long does a restraining order last in NH?
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
TRUTH About RESTRAINING ORDERS that will SAVE YOUR LIFE
How to fight a restraining order in New Hampshire?
Once a person is served with a temporary restraining order in NH he will have the right to demand a hearing to contest the grounds. At this hearing both sides have the right to be represented by counsel and present evidence in support of their case.
How long do you have to put a restraining order on someone?
Generally speaking, there is no deadline to file for a restraining order. If you feel your safety is in danger, contact law enforcement immediately. But, keep in mind that the earlier you request the order after a domestic violence incident or crime, the better.
Can you leave the state if you have a restraining order?
No, not if they're the restricted party! In California, judges usually issues regarding removal of any children from the courts jurisdiction, when they grant restraining orders. Leaving the state with the children is a serious violation of this order.
What to say in court for a restraining order?
“I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction. Examples: “I want this injunction because…” “I fear for my child's safety.” “My child's life is in danger, I am afraid he or she will be hurt…”
Can apartments see restraining orders?
Restraining orders are public records. Depending on how deeply the landlord does a background check, they may show up. Restraining orders are civil and should not stop you from getting an apartment. Domestic violence convictions and other crimes will however can effect your ability to rent.
Why do restraining orders expire?
Restraining orders have expiration dates to ensure that they are still necessary. The court wants to make sure that the situation has not changed and that protection is still needed. When an order expires, the protected person can request a renewal if they still feel threatened.
What happens if the petitioner does not show up to a restraining order hearing?
If you miss your court hearing for a temporary restraining order in California, the court may dismiss your request for the order due to your absence. When a petitioner does not show up, the court often interprets this as a lack of interest or necessity in pursuing the restraining order.
Can you text someone with a restraining order?
Typically, a protection order will bar you from contacting the person who took out the order against you in any way. This includes calling, texting, emailing, or using a social network to contact the alleged victim.
Can you sue someone with a restraining order?
Can A still sue me/take me to court if I have a stay-away RO against him? Although I cannot speak to the specific laws in your state, a respondent may not be prevented from bringing a lawsuit against a person who has a restraining order even if it is a stay-away order or a no-contact order.
Why is it so hard to get a restraining order?
If there isn't any current harassment, the judge won't grant the person's request. Unfortunately, courts have to be picky in their screening process because of too many people taking advantage of the court system by getting restraining orders because of personal vendettas.
How to get text messages thrown out of court?
- Hearsay. Hearsay is an out-of-court statement made by a person and offered to prove the truth of the matter asserted. ...
- Confusing. ...
- Unfairly prejudicial.
What is considered stalking in NH?
Anyone who intentionally threatens or behaves in a way that is meant to cause harm to another individual could be subject to a stalking charge in New Hampshire. Under RSA 633:3-a, there are several ways that an individual may be accused of stalking.
How do you legally tell someone to stop contacting you?
If someone is harassing you, a cease and desist letter may convince them to stop. However, you are not required to send a cease and desist letter before taking legal action.
Can a restraining order stop someone from talking about you online?
A restraining order is a court order requiring a person to do (or not do) certain things. In the context of online abuse, a restraining order prevents the perpetrator from further contacting and harassing the victim.
Can I get a restraining order for texting my ex?
The formal name and fine print of restraining orders varies from state to state but the basic idea is the same: a judge issues an order to an abuser to stay away from and not contact their victim (including via text) who the abuser is harassing, abusing, threatening, stalking, or physically hurting.
What would happen if the accuser doesn't show up to court?
3 attorney answers
Generally, if a victim fails to show up for trial, the prosecutor will request an adjournment and might request a material witness warrant. A skilled attorney might be able to persuade the prosecutor to dismiss the case without prejudice, pending any further request for prosecution by the victim.
What is the best excuse for missing court?
- Medical Emergencies. Life can throw unexpected events at us. ...
- Unforeseen Accidents. Being involved in a car accident while on your way to court can also be a valid reason for an FTA. ...
- Transportation Issues. ...
- Unaware of the Court Date. ...
- Bereavement. ...
- Additional Information.
What is the longest restraining order?
What Is the Longest Restraining Order? The longest restraining order is a restraining order for life. This order may be granted in certain domestic violence cases. A judge decides if the order is necessary to protect the victim from harm.
Do restraining orders only go side to side?
Does a Restraining Order Apply To Both Parties? A restraining order does not go both ways. A restraining order restrains one person and protects another. The protected person does not have to stop going places they enjoy.