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17 votes
Accepted

Is the plot of Fatal Attraction legally accurate?

1: What's the correct process to get a restraining order? The police aren't involved in the formal process, although sometimes people go to the police and are told that they have to go to a judge ...
ohwilleke's user avatar
  • 218k
6 votes
Accepted

Suspending White House hard pass & preliminary injunction

You are correct that the existence of a lawsuit -- on First Amendment or Fifth Amendment grounds -- is not a strong basis for believing that Acosta will have his pass reinstated. People file losing ...
bdb484's user avatar
  • 60.3k
4 votes

What is a "valid" restraining order?

There are three kinds of restraining orders in Minnesota, but what they have in common is that a person petitions the court to order a person to e.g. stop the harassment and have no further contact. ...
user6726's user avatar
  • 215k
4 votes

Forcing a person to remove a picture of me

The United States has a fairly strict definition of where you have an expectation of privacy, a public bus certainly isn't a private place. In public, anyone can take pictures and video of anyone or ...
IllusiveBrian's user avatar
3 votes

Incorrectly Filing a Civil Case

If the case is filed improperly, the opposing party should file a motion to dismiss. If the opposing party merely disagrees with the allegations, they will likely have to litigate to address those ...
bdb484's user avatar
  • 60.3k
3 votes

Is a Restraining Order or an Injunction Dropped in a Medical or Other Emergency

In the third of your sources (Harassment act, section 5), near the end, it says: If the defendant breaches an order under section 5 or 5A of the PHA 1997 without reasonable excuse, she/he will be ...
David Siegel's user avatar
3 votes

Is it legal to seek someone out to make them violate a restraining order?

Restraining orders are a matter of state law and the technical answer will vary by jurisdiction. However, abusing a restraining order to harass someone is the kind of behavior that will make you look ...
Tom's user avatar
  • 2,402
2 votes

If someone has left their residence for a few days, due to fear of the homeowner, can they get a restraining order against the homeowner and return?

The most common situation when a homeowner would be ejected from a home that he owns or co-owns would be as temporary orders in a divorce case, pending a permanent orders award governing all issues in ...
ohwilleke's user avatar
  • 218k
2 votes

Order of protection dismissal

I filed for a request for dismissal of an ofp but my offender was picked up for violating it. They said if I can prove that I filed for a dismissal he will be released but I can no longer look up ...
ohwilleke's user avatar
  • 218k
2 votes

What legal actions can I take to prevent my abusive parents from stalking and harassing my family?

Oregon has laws that could result in court orders for family abuse, stalking, sexual abuse, elder/disabled abuse, and "extreme risk". All of these laws involve credible threat of physical ...
user6726's user avatar
  • 215k
1 vote

Stalking & Harassment

This page gives an overview of the legal parts of restraining orders. Your petition has to fall into one of four categories (see the included statutes). For example, "domestic violence" is ...
user6726's user avatar
  • 215k
1 vote

Stalking & Harassment

You should probably look for a local lawyer and ask for a consultation. You do not have to hire the attorney, just discuss the situation and see what is advised. Alternatively, ask an officer ...
hszmv's user avatar
  • 23k
1 vote
Accepted

In BC, Canada, may an adult seek & receive a Protection Order if the respondent is the mother of the petitioner but the parties do not live together?

Under the act, "child" means a person who is under 19 years of age (ignoring a complication about child support). The law covers households, not genetic relations, so the fact that Rita is ...
user6726's user avatar
  • 215k
1 vote
Accepted

Can a guardian file a TRO on behalf of a disabled adult ward?

Generally speaking, a guardian can obtain a protection order or equivalent remedy on behalf of a ward. It may even be possible for a "next friend" of a person for whom a protection order is ...
ohwilleke's user avatar
  • 218k
1 vote

Suspending White House hard pass & preliminary injunction

Does suspension of a privilege few people get justify a temporary restraining order on 5th amendment grounds? We don't know, the White House doesn't know and CNN don't know - that's why its going to ...
Dale M's user avatar
  • 211k

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