A restraining order can be removed by a judge in a court of law, according to Divorce Source. One or both parties can request that the judge either modify or dissolve the legal injunction. It is up to the judge to determine if lifting the order is in the best interests of the parties concerned.Continue Reading
According to Theodore Stilwinski, Esq., a judge takes into account eleven key factors when considering a request to dissolve a restraining order. For instance, a judge will want to know if the victim who filed the order consents to having it lifted. Fear is commonly a factor in domestic violence situations, so the judge will look into how much fear the victim has of the other party.
A judge must consider the current nature of the relationship between the two parties, says Stilwinski. Judges determine if the relationship has changed for the better or not. This requirement also involves evaluating the status of the relationship at the time the order was granted. If there are children, their welfare also is considered. The behavior of the defendant comes into play as well. For example, if the judge determines that the defendant has repeatedly violated the order or has acted out in a violent manner towards the victim, she can use it as grounds for keeping the order in place.Learn more about Law
A joint petition for divorce is a court document that details agreements spouses have reached without the need for a judge to determine or settle, according to FindLaw. The joint divorce petition requests a dissolution of marriage based on agreed concerning issues such as division of property and assets, child custody and spousal support.Full Answer >
If a person misses a court date, a judge likely issues a bench warrant for the person's arrest, according to the Legal Aid Society. The warrant may be cleared if the individual reports to the Central Clerk's office where the case was scheduled to submit documentation to explain the absence.Full Answer >
A rule nisi in a civil case is a form of contempt of court in which a party is required to show cause as to why he does not have to comply with past rulings ordered by a judge, states Riley Law Firm. Rule nisi is often used in civil cases, such as divorce, to compel one party to adhere to rulings regarding child custody, property and alimony.Full Answer >
There are many different types of letters to the courts including a letter to the judge or clerk of court regarding a character reference, a deferral from jury duty, a hardship, an appeal for leniency, a debt summons or a recommendation. Letters to the court follow a specific format with strict adherence recommended by attorneys and expected by the courts and may vary by state, notes the Hancock County Government website. General guidelines and professional example formats are often available online from the specific state's judicial branch's website.Full Answer >