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If you disagree with the whole Restraining Order or if you disagree with some of parts of the Restraining Order, you have the right to a hearing before a judge. If a hearing has not been scheduled already (see box about ?Exceptional Circumstances Hearings? below), you must ask in writing that the hearing take place.
If you disagree with the whole Restraining Order or if you disagree with some of parts of the Restraining Order, you have the right to a hearing before a judge. If a hearing has not been scheduled already (see box about ?Exceptional Circumstances Hearings? below), you must ask in writing that the hearing take place.
Is a No Contact Order Violation by Victim Legal? Yes. Because no contact orders are orders made to an accused, therefore, there is nothing preventing a victim by contacting an accused person under a no contact order.
The requirements for filing a restraining order include instances of abuse (as defined by statute), attempts of abuse, perceived threats of physical harm, or instances where you've been forced to engage in sexual activity. These events must have occurred within the last 180 days prior to filing the petition.
You must file for a restraining order in the courthouse in the county where either you or the respondent live. Getting a restraining order is free.
The law offers the protection of Family Abuse Protection Act (FAPA) orders to victims of domestic violence, whether or not a victim has reported the abuse to the police. A FAPA order is free, and a victim does not need an attorney to get one, although an attorney is recommended if an abuser contests the order.
Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.
The victim must file a Petition to Waive the No-Contact Order with the court that has jurisdiction over the case; and. The court must find, after a hearing on the Petition, that waiving the no-contact order is in the best interest of the parties AND the community.