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Temporary Restraining Order Sample With Motion To Dismiss In Middlesex
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State:
Multi-State
County:
Middlesex
Control #:
US-000299
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Word;
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FAQ
Violating a restraining order or non-molestation order can result in serious consequences, including criminal charges and potential imprisonment.
Court Restraining Order Applications The person applying to remove or vary the order must notify the court and prosecutor of the evidence that they seek to rely on. An application to revoke or vary a restraining order may be decided without a hearing.
If you are a person protected by a restraining order, you can apply to the court to have it discharged/revoked. Recent cases before the Court of Appeal have made it absolutely clear that, provided a person has capacity and has not been forced, it is a matter for them who they chose to have a relationship with.
Removing a Restraining Order The law allows a defendant, or anyone mentioned in a restraining order, to apply for it to be varied or removed. Sometimes a restraining order may have been imposed at the end of a relatively minor assault case, or low level allegation of harassment.
How to ask the Court to dismiss a final restraining order: Fill out a Notice of Motion for Dismissal of a Final Restraining Order by Defendant. Fill out the Certification in Support of a Motion to Dismiss a Final Restraining Order, making sure to include copies of all previous orders. Fill out the Notice to Plaintiff.
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
How long an injunction lasts is really up to the judge. An injunction can last any amount of time. A temporary injunction can last as long as it takes to get the other party served. Until the final hearing, the temporary injunction will be in force.
Steps to File a Motion to Dismiss Review the Complaint Thoroughly. Carefully read the plaintiff's complaint to identify any legal deficiencies. Research Relevant Laws and Precedents. Draft the Motion. Include a Conclusion. File the Motion with the Court.
An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.
Filing a motion for a temporary order in divorce can be important when any of the following issues need to be dealt with: Custody and visitation, in which case a temporary order would outline a schedule for when each party has time with the child(ren)