What is a mutual restraining order in a divorce?
What is a mutual restraining order in a divorce?
A party that is divorced can request a restraining order if that party fears stalking, physical violence, or other potentially harmful contact from the ex-spouse. A mutual restraining order prohibits both parties from taking certain actions (such as attempting to contact or visit) regarding the other party.
Do no contact orders expire?
A no-contact order is only temporary. A no-contact order expires when the sentencing period is finished in a criminal case, or if the case is dismissed or the defendant is found not guilty. A no-contact order may be extended by the judge during the sentencing phase if the defendant is put on probation or parole.
How do I get a no contact order lifted in Arkansas?
In order to get the judge to lift the No Contact Order you have to file a motion. That motion should have notarized statements from the victim and the defendant. The statement will most likely not be enough, and the judge will require the victim to appear before the court and request the No Contact Order be lifted.Mar 3, 2018
What to say to judge to get no contact order dropped?
Explain your position to the judge. Since it’s your motion, the judge typically has you speak first. Using your notes, tell the judge in your own words why you want the no-contact order dropped. Stick to the facts, and focus on the future rather than the past.
Will a judge drop a no contact order?
You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk’s office to pull the case and tell them what it is that you are seeking.
What happens if the victim violates a no contact order?
Under a no-contact order, the defendant is ordered to stay away from the victim, whether that be in person or through other forms of communication, like texting or by mail. “If they violate the no-contact-order, then it’s grounds for their bond to be revoked,” Zanowski explained.
What happens if someone lies to get a restraining order?
Yes, even if your spouse lied his/her way into getting a protective order against you, there is nothing much you can do about it except wait for the court to decide whether to cancel the order or keep it. “As a result, he is criminally charged for violating the protective order.”
Do no contact orders work both ways?
Both work the same way, but the pretrial order is issued before your case is heard and the post-conviction order is issued afterward. Keep in mind that NCOs only restrict your behavior as far as making contact and do not pertain to the behavior of the alleged victim.
How serious is a no contact order?
If a person violates a no contact orders, he or she can face serious consequences. Consequences often include potential jail time, the payment of fines or the loss of certain civil rights. Violating a no contact order is considered a crime as well as a violation of a probation, parole or bail conditions.
Is a no contact order valid in all states?
Restraining orders, also sometimes called protective orders, can be obtained in any state, but they can still be enforced when you or the protected person are in another state. A valid, out of state restraining order can be enforced in any state, but law enforcement may or may not be aware of it.
Does order of protection go both ways?
Do restraining orders work both ways? Unless both parties are granted restraining orders against the other (known as cross restraints), only the person who has the restraining order is protected against the other contacting them in any way.
