What does it mean to get a restraining order against someone?
A restraining order is a legal document that tells one person to stay away from another person. It specifies the distance the individual must keep from the other person and forbids the individual from making any forms of contact. The Family Law Act provides that you can obtain a restraining order against a person you were married to or living with.
When to get a restraining order against an ex spouse?
Other reasons to seek a restraining order include the loss of assets or patent and trademark infringement. While less common, you can still request a restraining order if, for example, your ex-spouse is in the process of moving or hiding money or depleting your assets to prevent you from acquiring your fair share.
Can a restraining order be requested in an elder abuse case?
These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.
Why is a restraining order hearing conducted ex parte?
Understand why TPO hearings are conducted ex parte. Even if the petitioner’s request for a TPO against you is without merit, they are meritorious in many cases, and this style of hearing allows for the parties to present their cases in an atmosphere as free from intimidation as possible.
Why are restraining orders called Ex parte orders?
These initial restraining orders are sometimes referred to as “emergency” or ex parte orders because a court may grant these orders without having the person against whom the order is sought appear in court and respond to the allegations.
When to file for a restraining order against your ex?
If you want to file for a restraining order, you need to think twice. The only time that you should file is when your ex-partner behaved in a way that warrants a restraining order. If you lie about your reasons for getting a restraining order against your ex, you could be the one who it hurts. Your partner can dispute the order.
Who is the protected person in a restraining order?
A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.”
What do I need to do to get a restraining order?
The Declaration re: Notice Upon Ex Parte Application for Orders is a form that you must complete when you seek temporary orders to let the Court know whether the other party has been notified that you intend to seek temporary orders.