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The order is effective for one year. However, the abuser may request a hearing within 30 days after he or she was served with the order. If the abuser does not do that, then the restraining order will remain effective.
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 court will need a complete picture of your case to make a fair decision about your restraining order. If there are any previous restraining orders or family court issues in your past with the respondent, this information must be provided to the court.
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.
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.
If either party were to enter any public place, like a grocery store, restaurant, or event venue, and see each other, the accused would need to leave immediately. Any contact the accused has with the alleged victim, no matter where it is, can be seen as a CPO or NCO violation.
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.
In some cases, the order can even keep you out of your own home. If you've been served with a FAPA restraining order, you can still fight back. There is a legal process in place for contesting these orders. With the help of an experienced lawyer, you may be able to have the order rescinded and get on with your life.