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If the judge is satisfied, he or she will issue a temporary protective order that will last ten days, but which can be extended upon request, up to the maximum length of one year, but can only last 30 days where the victim has minor children with the abuser.
Be punctual. Make sure your witnesses are present and prepared. Ensure your evidence is ready. If witnesses or documents that have been subpoenaed and are not in the court, let the judge know. Dress in a manner similar to that as you would for a job interview.
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. Get the 209A protective order "terminated." This will end the order completely.
There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.
If a Judge hears from an individual about past cases of physical or emotional abuse without a good explanation from the other side, a restraining order can be granted.If the connection between the parties is something else, like neighbors, then the restraining order is a civil one, not domestic violence.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order.If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable.
Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.
Under section 93-21-7(2) of the Mississippi Code, there is no cost to file for a protection order. . temporary restraining order. the clerk will fill out the information for you.