Restraining Protective Order Without Proof
Description
How to fill out Complaint For Temporary Restraining Order, Preliminary Injunction And Permanent Injunction?
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FAQ
Hear this out loud PauseConsult an attorney. Asking the court to change or terminate an order it has issued to protect a victim of domestic violence isn't a simple or easy thing. Because judges often are predisposed against dropping a no-contact order, having an attorney on your side can ensure the best arguments are made.
Hear this out loud PauseYou risk arrest for violating the restraining order if you go there by yourself, even using the civil standby process. Using a civil standby makes you vulnerable to more misdemeanor criminal charges.
SC code § 16-13-1700 defines harassment first degree, harassment second degree, and stalking ? to get a temporary restraining order from a SC magistrate, you must prove that the defendant is committing one of these crimes and that you are entitled to protection from them.
If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
Whether the court denied an application for a protective order against you or the protective order has expired, Indiana court records, like those listed on Mycase Indiana, continue to show you were once named as a person against whom someone applied for a protective order.