Louisiana Motion and Order to Continue Rule Date and Temporary Restraining Order
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FAQ
In most instances, permanent simply means that the restraining order will be enforceable for the specified period of time that is mandated by the court or until a party requests a change. An offender who is subject to a permanent restraining order may be able to file a request to have the order lifted.
In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.
Normally a TRO lasts for 14 days unless the court decides to dissolve or extend it. A notice for a hearing must be contained in the TRO and the hearing must take place within the 14 days after the TRO is granted.
If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable. A protection order can only be dissolved by the court.
The court can issue a TRO without the abuser present; however, the abuser will be notified of the rule against him, and a date for a hearing will be set. See RS 35. Long-term Protective Orders: After a hearing, a court can issue a protective order that lasts up to 18 months unless otherwise stated.
The temporary restraining order in California does not go into the CLETS database and will not come up on a background check. It will also generally not impact the restrained parties' ability to possess a firearm.
Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet.
Temporary restraining orders usually last between 20 and 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.