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What if someone lies to get a restraining order?

Posted on June 2, 2021 by Author

Table of Contents

  • 1 What if someone lies to get a restraining order?
  • 2 What evidence do you need for a harassment order?
  • 3 Can a restraining order be dropped?
  • 4 How do you prove harassment in court?

What if someone lies to get a restraining order?

Yes, even if your spouse lied his/her way into getting a protective order against you, there is nothing much you can do about it except wait for the court to decide whether to cancel the order or keep it. “As a result, he is criminally charged for violating the protective order.”

What evidence do you need for a harassment order?

In the law, we call these “elements.” California Code of Civil Procedure section 527.6 provides the party asking for the civil harassment restraining order must prove 1) a course of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose; 2) directed at a specific …

Does a restraining order ruin your life?

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If you have a restraining order entered against you, you will have to make some immediate changes to your daily life. A restraining order may prohibit you from contacting your children if they live with the person who sought the order. You will lose your right to own or possess a firearm for the duration of the order.

Can a restraining order be dropped?

As the courts put restraining orders in place, you will also need to use the court process to remove them. If you intend to lift or drop a restraining order before the time limit expires, then a motion will need to be filed with the court. Any motion to remove a restraining order must include: The names of both parties.

How do you prove harassment in court?

In order for behavior to meet the standards of harassment, it must:

  1. Involve discrimination against a protected class of people.
  2. Involve offensive conduct.
  3. Include unwelcome behavior.
  4. Involve some level of severity or pervasiveness that affects your ability to work.
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Can you get police done for harassment?

If you’re being harassed and you feel you’re in danger you can contact the police. If you think you’re being harassed because of your disability, race, religion, transgender identity or sexual orientation, you can report the harassment to the police as a hate incident or crime.

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