Motion For Stay Away Order Upon Release

State:
Mississippi
Control #:
MS-00529BG
Format:
Word; 
Rich Text
Instant download

Description

The Soldiers' and Sailors' Civil Relief Act (SSRA) is a United States federal law that protects soldiers, sailors, airmen, and marines from being sued while in active military service of their country. The SSRA provides a wide range of protections for individuals entering, called to active duty in the military, or deployed service members. It is intended to postpone or suspend certain civil obligations to enable service members to devote full attention to duty and relieve stress on the family members of those deployed service members.



The following form is a Motion to Lift a Stay issued Pursuant to the Soldiers and Sailors Civil Relief Act. The service member has been released from active duty and desires to have a case he previously filed re-activated.
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FAQ

The surest way to get a protective order dropped is to beat the criminal domestic violence charges it is based on. If the prosecutor drops the charges (by entering a nolle), or they are dismissed after a not-guilty verdict, then the protective order will end along with your criminal case.

If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order.

If you want to cancel the hearing, fill out a Waiver of Hearing on Denied Request for Temporary Restraining Order (DV-112) and file it with the court as soon as possible. If you cancel the hearing, do not serve the documents on the other person.

Once you are granted a temporary restraining order, it is virtually impossible to drop it before the court hearing. However, you can seek to modify a permanent restraining order.

The court will dismiss an Order of Protection if the person who asked for the order wants it to be dismissed. You need to make a written or oral request to the court to ask the court to dismiss the Order of Protection....When can you get an Order of Protection?Domestic or family violence;A sexual offense; OR.Stalking.

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As long as a protective order hasn't expired, you can ask the court to modify or change it. That includes asking to rescind or extend it.If the abuser does not do that, then the restraining order will remain effective. • Protective Order (may last up to 2 years). Protective order prohibiting domestic violence. Typically, either the victim or the defendant can ask the court to lift the restraining order. Ask the Court Clerk for the forms to request an order for protection. After the forms are filled out, you will speak to a judge about your case. Law enforcement agencies are required to advise domestic violence victims where registration and the conditions of a Release Order may be verified. A bail order or a CBPO can require that the defendant stay away from the victim but it cannot create a parenting schedule or a custody determination.

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Motion For Stay Away Order Upon Release