Posted: 9/28/2009 10:52:16 PM EDT
| what's the process of getting one? i need one for my ex wife of 1 week... |
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I had a friend get one once, but I'm no expert. I'm believe you just get a TPO for 30 days, and then have to show up in court for a hearing (proper legal term?) so a judge can decide to make it permanent or not. If the other party doesn't show up, then it automatically becomes permanent. I'm sure if you call the local LE or courthouse they can set you up.
That aside, did you change your locks yet? Sounds serious. Is there a problem serious enough where you might need to defend yourself physically? |
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Family Court, as previously mentioned. There are two types of restraining orders in your case, a temporary and extended. The temporary you get first and is good for up to 30 days. The adverse party does not have a right to hearing for. The extended order is done after the temporary and is good for up to a year. The adverse party does have a right to a hearing for it.
The TPO is not valid unless served. So until she is served she can still contact you. Having a good home/work address will greatly facilitate service of the TPO, however, if she is contacted by LE (ie, traffic stop) and it is learned she has an unserved TPO against her, she can be served with it then and there on a generic form. The 30 days is from the date of issuance, not service. |
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thanks guys!! i will get the TPO first thing tomm morning and i do know where she's staying and where she still works at also, would this have anything to do with my CCW permit? It might if she files one against you in retaliation. This is a potentially dangerous game you're playing here. Make sure you have considered all the angles and are not just reacting out of emotion. I've been there, done that, and have the scars to prove it. |
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thanks guys!! i will get the TPO first thing tomm morning and i do know where she's staying and where she still works at also, would this have anything to do with my CCW permit? It might if she files one against you in retaliation. This is a potentially dangerous game you're playing here. Make sure you have considered all the angles and are not just reacting out of emotion. I've been there, done that, and have the scars to prove it. This would be something to ask about at court. I don't believe she can get one against you while you have an active one against her, since a TPO also prohibits you from contacting her. I get a lot of people trying to file violation of TPO reports when they get one and start sending text messages and harassing voicemails to the person and then gets a response. They don't like when I tell them they also violated the TPO. |
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thanks guys!! i will get the TPO first thing tomm morning and i do know where she's staying and where she still works at also, would this have anything to do with my CCW permit? It might if she files one against you in retaliation. This is a potentially dangerous game you're playing here. Make sure you have considered all the angles and are not just reacting out of emotion. I've been there, done that, and have the scars to prove it. This would be something to ask about at court. I don't believe she can get one against you while you have an active one against her, since a TPO also prohibits you from contacting her. I get a lot of people trying to file violation of TPO reports when they get one and start sending text messages and harassing voicemails to the person and then gets a response. They don't like when I tell them they also violated the TPO. You might be right, I'm just theorizing. Bottom line though, that old line about hell hathing no fury etc. is spot on. Better to just ignore it, change phone #s whatever unless there's a chance for violence. Just my opinion and worth exactly what he paid for it 
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| That temp order will be for 10 days or so, you'll both have a court date, judge will hear both sides and decide if it will be extended. been there, done that, she didnt show, so it was done, but I did have my counter claim. Make sure you know what you're doing, bring proof, etc. Good Luck! |