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If the petitioner of a restraining order violates the terms of the order, then he or she is just as liable to criminal prosecution. A restraining order goes both ways.
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What if the person who puts a no contact order on someone breaks the no contact order?
Only the petitioner (the person whom requested the restraining order) is protected by the law. The protected person cannot be charged with a violation of the restraining order. However, if the protected person is harrassing the restrained person, the restrained person can file for a termination of the order based on a lack of "fear" from the protected person, showing proof of the harrassment.
What is the name of a person who violates court order?
There really is no technical name assigned. If you violate a court order you would be found "In Contempt."
How can you get inmancipated?
Article 35. Emancipation. § 7B‑3500. Who may petition. Any juvenile who is 16 years of age or older and who has resided in the same county in North Carolina or on federal territory within the boundaries of North Carolina for six months next preceding the filing of the petition may petition the court in that county for a judicial decree of emancipation. (1979, c. 815, s. 1; 1998‑202, s. 6.) § 7B‑3501. Petition. The petition shall be signed and verified by the petitioner and shall contain the following information: (1) The full name of the petitioner and the petitioner's birth date, and state and county of birth; (2) A certified copy of the petitioner's birth certificate; (3) The name and last known address of the parent, guardian, or custodian; (4) The petitioner's address and length of residence at that address; (5) The petitioner's reasons for requesting emancipation; and (6) The petitioner's plan for meeting the petitioner's needs and living expenses which plan may include a statement of employment and wages earned that is verified by the petitioner's employer. (1979, c. 815, s. 1; 1998‑202, s. 6.) § 7B‑3502. Summons. A copy of the filed petition along with a summons shall be served upon the petitioner's parent, guardian, or custodian who shall be named as respondents. The summons shall include the time and place of the hearing and shall notify the respondents to file written answer within 30 days after service of the summons and petition. In the event that personal service cannot be obtained, service shall be in accordance with G.S. 1A‑1, Rule 4(j). (1979, c. 815, s. 1; 1998‑202, s. 6.) § 7B‑3503. Hearing. The court, sitting without a jury, shall permit all parties to present evidence and to cross‑examine witnesses. The petitioner has the burden of showing by a preponderance of the evidence that emancipation is in the petitioner's best interests. Upon finding that reasonable cause exists, the court may order the juvenile to be examined by a psychiatrist, a licensed clinical psychologist, a physician, or any other expert to evaluate the juvenile's mental or physical condition. The court may continue the hearing and order investigation by a juvenile court counselor or by the county department of social services to substantiate allegations of the petitioner or respondents. No husband‑wife or physician‑patient privilege shall be grounds for excluding any evidence in the hearing. (1979, c. 815, s. 1; 1998‑202, s. 6; 2001‑490, s. 2.34.) § 7B‑3504. Considerations for emancipation. In determining the best interests of the petitioner and the need for emancipation, the court shall review the following considerations: (1) The parental need for the earnings of the petitioner; (2) The petitioner's ability to function as an adult; (3) The petitioner's need to contract as an adult or to marry; (4) The employment status of the petitioner and the stability of the petitioner's living arrangements; (5) The extent of family discord which may threaten reconciliation of the petitioner with the petitioner's family; (6) The petitioner's rejection of parental supervision or support; and (7) The quality of parental supervision or support. (1979, c. 815, s. 1; 1998‑202, s. 6.) § 7B‑3505. Final decree of emancipation. After reviewing the considerations for emancipation, the court may enter a decree of emancipation if the court determines: (1) That all parties are properly before the court or were duly served and failed to appear and that time for filing an answer has expired; (2) That the petitioner has shown a proper and lawful plan for adequately providing for the petitioner's needs and living expenses; (3) That the petitioner is knowingly seeking emancipation and fully understands the ramifications of the act; and (4) That emancipation is in the best interests of the petitioner. The decree shall set out the court's findings. If the court determines that the criteria in subdivisions (1) through (4) are not met, the court shall order the proceeding dismissed. (1979, c. 815, s. 1; 1998‑202, s. 6.) § 7B‑3506. Costs of court. The court may tax the costs of the proceeding to any party or may, for good cause, order the costs remitted. The clerk may collect costs for furnishing to the petitioner a certificate of emancipation which shall recite the name of the petitioner and the fact of the petitioner's emancipation by court decree and shall have the seal of the clerk affixed thereon. (1979, c. 815, s. 1; 1998‑202, s. 6.) § 7B‑3507. Legal effect of final decree. As of entry of the final decree of emancipation: (1) The petitioner has the same right to make contracts and conveyances, to sue and to be sued, and to transact business as if the petitioner were an adult. (2) The parent, guardian, or custodian is relieved of all legal duties and obligations owed to the petitioner and is divested of all rights with respect to the petitioner. (3) The decree is irrevocable. Notwithstanding any other provision of this section, a decree of emancipation shall not alter the application of G.S. 14‑326.1 or the petitioner's right to inherit property by intestate succession. (1979, c. 815, s. 1; 1998‑202, s. 6.) § 7B‑3508. Appeals. Any petitioner, parent, guardian, or custodian who is a party to a proceeding under this Article may appeal from any order of disposition to the Court of Appeals provided that notice of appeal is given in open court at the time of the hearing or in writing within 10 days after entry of the order. Entry of an order shall be treated in the same manner as entry of a judgment under G.S. 1A‑1, Rule 58 of the North Carolina Rules of Civil Procedure. Pending disposition of an appeal, the court may enter a temporary order affecting the custody or placement of the petitioner as the court finds to be in the best interests of the petitioner or the State. (1979, c. 815, s. 1; 1998‑202, s. 6; 1999‑309, s. 3.) § 7B‑3509. Application of common law. A married juvenile is emancipated by this Article. All other common‑law provisions for emancipation are superseded by this Article. (1979, c. 815, s. 1; 1998‑202, s. 6.)
How does one get a personal injury litigation?
Personal injury litigation is what you would go through if you have to fight an issue regarding personal injury through the courts or legal system. In order to do this you require a Personal Injury Lawyer.
What is the difference between a protection order or a expartay?
Ex Parte means that one party is speaking to the court without the other party present. In most cases, this is not permitted. However, in the realm of protective orders, it is common procedure to have one party submit a petition and make an ex parte request to the court immediately and then obtain a short term protective order until a hearing can be set, usually 1-2 weeks in the future. Then, both parties will be given the opportunity to present evidence, and the court will decide whether or not to issue a longer term protective order, such as for a year.Ex Parte refers to communication between one party and the court, where the other party is not involved.A protection order is where a court orders someone not to do something (usually not to have contact with someone) to protect them.In some states, there is a procedure where a party can obtain an emergency ex parte order for protection for a short period of time (2 weeks) in order for the court to give notice and set a time for a hearing where the opposing party can appear and present evidence about whether or not a protective order is warranted.
Are there any laws in Illinois that will protect respondent when the petitioner in an order of protection contacts the respondent and petitioner also violates original divorce decree?
Question is not really worded clearly. However - the same order that prevents the respondant from contacting the petitioner also protects the respondant from being contacted by the petitioner. THey are in equal violation and can be sanctioned by the court that issued the order. The petitioner can NOT contact and harass the respondant just because the petitioner thinks they are 'protected.' However, even if the petitioner can be proven to be violating the divorce decree that is a separate issue from the protection order which will have to be handled as a contempt matter.
What if the person who puts a no contact order on someone breaks the no contact order?
Only the petitioner (the person whom requested the restraining order) is protected by the law. The protected person cannot be charged with a violation of the restraining order. However, if the protected person is harrassing the restrained person, the restrained person can file for a termination of the order based on a lack of "fear" from the protected person, showing proof of the harrassment.
Petitioner violating restraining order in Florida?
If the restraining order is against the Petitioner (as in a case where there are counter-petitions), the Petitioner may be arrested by any sheriff's office.Additional: In FL, even if no counter-petition has been sought or awarded, the petitioner is bound by the same restrictions as have been placed against the respondant. As stated above, the petitioner CAN be arrested for violating the provisions their own restraining order. The petitioner cannot use their order as a weapon against the respondant.
You are the petitioner of the emergency protective order can you violate the petition by calling or texting the defendent?
If the order contains language prohibiting you from contacting the defendant, the violation could subject you to sanctions. If not, you've still set up a good case for the defendant to show that you are not reasonably in fear of him/her, do not treat the protective order seriously, and do not need the protection.
Why does a worker need to use personal protective equipment?
A worker needs to use personal protective equipment appropriate to the work assignment in order to protect the worked from unintended injury or chemical exposure.
What term is used to describe a personal relationship between an officer and an enlisted member that violates the customary bounds of acceptable behavior in the Air Force and prejudices good order and?
Fraternization is used to describe a personal relationship between an officer and an enlisted member that violates the customary bounds of acceptable behavior in the Air Force.
What recourse is there for someone who violates a restraining order with personal assault?
Contact the local police, sheriff or constables. File a complaint and let the law handle the rest.
what do i do if somebody violates their own restraining order against me two times?
what do i do if somebody violates their own restraining order against me two times?
How do you removed a protection order?
In most cases, the petitioner or respondent may petition the court that put the protective order into effect, generally by writing to the judge and requesting a court date to have the protective order dismissed. A court date will be scheduled and both parties will have to attend. As long as neither party objects to the dismissal of the order, it will generally be dismissed. Laws and proccesses differ by state, so it is best to contact the clerk of the court in your area to find out exactly what to do.
How heavy is the burden of proof on a petitioner for an order of protection?
It is totally up to the petitioner to present substantiated evidence to convince the court that a PO is necessary. Generally the court will issue a temporary order and then set a hearing date where the petitioner and the named person will appear to state their case. In an emergency temporary order of protection, a petitioner does not have to provide any proof or evidence. Many orders of protection have been issued based on unsubstantiated accusations. To make it permanent, the petitioner must only be "more believable" than the respondent. -Tim
What can you do if the plaintiff violates a protective order?
There is not order against the plaintiff.. the plaintiff is the person who filed the order, he or she is not in violation of an order that they placed. Only the defendant can be in violation as the courts have ordered that person to have no contact with the plaintiff not vice versa.Another View: The Plaintiff MAY, in fact, be in violation of the court's order. If the respondant was ordered to maintain a certain distance from the plaintiff, or stay away from the plaintiff's residence and place of work, or was ordered not to have any contact with the plaintiff,. . . AND THEN. . . the plaintiff wilfully violates the same order they petitioned for, the court can find them in violation of the order and they are in contempt of court.
When removing personal protective equipment what order you use?
The easiest way to go in reverse order of what you put on. So what you put on last comes off first.
