If someone files a dishonest restraining order, will it remain on my record?
463398
A restraining order can be dissolved only by the court that issued it.  As it is, these things generally expire after 10 days or so, depending on your state's laws.  The hearing which is set at the time a restraining order is first issued is usually one for temporary injunction.  It doesn't sound like your girlfriend is interested in pursuing it any further, but I don't know what your local judge's attitude is likley to be regarding movants who don't show up for court.  The truth is that if the two of you simply appear for court as required and she says you two have patched things up and she doesn't want to pursue the action any further, the court will most likely just drop it.\n\nI'm not sure what "record" you are talking about in your question.  A restraining order is not a criminal order but a civil one.  There's no "record" for it to appear on.
238303
The answer is yes and no. In general, it is not legal. In CA, it is a felony to do so if one of the parties is not aware. However, if you have a restraining order against someone, the court will sometimes grant you permission to record conversations without the restrained person's knowledge. This only applies to conversations and phone calls that violate the order, however. The police can also record any converstaions they have with you. There are exceptions to threats to your health and safety.\n\n*****EDIT EDIT EDIT*******\n\nKu Lok, you are totally wrong. You CANNOT record a telephone conversation (or any private conversation) in CA without the knowledge of ALL parties in the converstation. Doing so is a felony, not a matter of admissability in court. Read CA Penal Code 632.
378481
Couple of really good answers here.  So nice to see an intelligent question with intelligent answers.  \n\nOnly one thing to add: restraining order.\n\nPerhaps you don't want to involve the police - after all, that does tend to elevate the situation some and depending on how long you and your neighbors have to live with one another, that might not be a good thing.  Here's what I would recommend:\n\nTalk to your neighbors again.  Explain to them that you really don't want to involve the police and that you'd like to be able to live in peace next to them.  Explain that if they can't keep the stereo at a reasonable level (and you ARE being reasonable about this, aren't you?), you'll seek a restraining order against them for disturbing you with the noise.\n\nIf they refuse to cooperate, get yourself tape recorder and put it on your porch or wherever you might stand that's close to your house.  Don't go stand at the edge of your property that borders them, put the recorder right up close to your house, by a window or something.  Yes, you can legally record this.\n\nAssuming the noise continues, keep a diary for a week or so with the dates/times of the noise and associate each diary entry with a recording (separate tapes, or whatever).  Now it's off to your local county courthouse.  Pick up the paperwork for a temporary restraining order for civil harrassment.  Fill it out, turn it in, go to the hearing when it's scheduled.  Bring the recordings and be prepared to play them for the judge.  \n\nAssuming the order is issued, have the neighbors served (you can't do it).  Then, if the noise continues, go back to the recording system and after another week or so, get yourself back down to the courthouse and tell the clerk you want to be put on calendar because the neighbors have been violating the order.  Show up, tell the judge what is going on, and let him decide how to handle it.  Judges do not like people who disobey their orders.\n\nThis is not a quick fix.  It may take you a month to get any satisfaction.  It will leave the police out of it, though, and that really might be best.  If you want a quick fix, do this:\n\nGo back to the neighbors.  Tell them you've had it, and the next time you hear their stereo you're going to call the cops (safest is to make sure everyone who lives there knows your position and intent).  The next time the stereo is too loud, record it and call the cops.  When the cops show up, tell them you want to make a private person's arrest of the person responsible for the noise...assuming it's the same person you told to knock it off.  They will probably end up with a ticket at that point, and the officer will refer the whole matter to the DA's office.  If the DA does not choose to prosecute (and that decision can take months), you're dead in the water.  The quick fix part of this is only that they've probably been cited.  The rest of this may take months.  This is why I recommend the restraining order process.  \n\nMost importantly: I've handled more of these calls than I can count.  Sometimes, the "victim" just isn't being reasonable over the level of noise.  If you have neighbors, you have to expect some amount of noise.  The law says people can't, "maliciously and willfully disturbs another person by loud and unreasonable noise," so the noise you're complaining about has to be loud *and* unreasonable.\n\n"Unreasonableness" is always open to interpretation.  \n\nGood luck.
1009335
well if she just got the order it probaly an emergency order. he should recieve his day in court in about a week.however these usually are civil matter which means she may have got the judge to grant her this on emotional abuse sounds like he doesn't need her anyway .However make sure he does not contact her in any way she can prove. in ohio the first time you violate it you can recieve 180 days second time it turns into a felony. so what state do you live in ?e-mail me if you like I actually have a cpo against someone and know a little bit about this stuff. What she has done is really cruel and ultimately makes it harder for people who really needs protection.
487992
from my experience, he is in contempt of court by not following the judges orders.  this is pretty devious but it was done to me and it worked wonders...have an order of protection put on him and request custody of your daughter.  order of protection are much more than a restraining order.  police action will be taken anytime you request.  of course all you have to do is tell your lawyer or just go to the special victims unit and that you feel your life is in danger or has been threatened.  he will be screwed.  it still haunts me.  police used to call my cell phone and ask we i was at the moment.  all because she said i drove by the house.  none of what she told the police was true, and it didn't matter.  that order of protection sucks.  anytime he violates it, automatic 10 days in jail.  its dirty but its one way to stick it to him.  good luck.  oh, and there was no investigation to see if she was even telling the truth.  they just issued it and enforced it.
907501
It's a "restraining order."  Some courts may also term it an "injunction."
467032
if u have proof opt for an orer of protection because when restraining orders a violated they tend to not do much about it. but at least file a police resport and keep it with you for proof of the stalker. that way later when something goes down at least you have something to show all the steps you took in court.
166860
You have to file a request at the court to lift the order.  Be sure to bring proof of his treatment.  The court might not lift the order for your protection.
1108665
file it with the police so theyll have a record of it. if it doesnt stop, get a restraining order or file charges against them so theyll know you`re serious and you`re not going to take their crap. be careful, this kind of thing can escalate and get ugly.stay away from whoever is harrassing you if possible.good luck.
646891
Your need to check with your states attorney general office they keep records there and could give you the answer you seek based on your states law
881078
First, you have to decide if this situation is really worth the waste of your time and energy.  Do you really care what this person is saying about you?  If so, and what they are saying is truly slanderous, get a lawyer and sue them.\n\nIf you take the low road and decided to give this person a piece of your mind, its not like they can just throw a restraining order on you.  They must seek the restraining order through the courts.  There will be a hearing during which both of you get to explain your version of events to a judge.  Only if the judge agrees with the other person's story will the restraining order go into place.\n\nOnce in place, if you violate whatever terms are imposed as a part of the restraining order you get to go to jail.  PC 166(a)(4) is the law violation relating to violating a court order if you want to read more.
798582
Restraining orders are almost always exclusive to personal relationships. If you had a stalker or a history of problems with an individual that was documented, it may constitute as a relatonship and then be considered for a restraining order.  it is a bit twisted but, there are anti stalker laws and stay-away orders to prevent people from evading your personal well being.  You can't just get an order if something is aggrivating you because they exist.  You have to be personally in danger or I doubt a judge will grant any of the orders. We are very particular about limiting peoples freedom in this country....First Amendment...free speech all that stuff we enjoy so freely in this wonderful nation.  People could start a protest in front of your home and in order to stop it you would have to convince a judge that your being hurt by it or they could camp out peacefully and picket all day long forever.  Gottaluvit...Jenn
836228
I would request a money order or cert. check.. Im suere the loser isnt an honest person if you have a restraining order
824932
You have an order against her - that was the first step. Now she is violating it. You need to call the police and inform them of this. If there is any way that you can record these calls, or if they are messages, save them. The State's Attorney will be able to use them as evidence possibly. Harrassing phone calls is a serious crime with an order or not. She can be broiught to court and serve jail time. You just have to be persistant and make sure that you never initiate contact.
395919
How are they going to find out about it? \n\nCan you go to court and get your record expunged
1097289
First, I'm going to say... call an attorney in your area that practices primarily in family law.\n\nYou may have a right under your state's law to request an expedited hearing on the matter (again... ask an attorney).  The order was obviously signed ex-parte (without a hearing).  Usually, an order like that is signed only if the person requesting it alleges more than one occasion of abuse or neglect, and a reasonable fear that it will continue.  \nA judge will sign an order like that because of the potential danger involved in waiting.  If he or she thinks (even for an instant) that there is the slightest chance the allegations are true, then they will sign the order.\n\nAgain, call an experienced family law attorney in your area.
279905
If you violate the order, but do not incur other violations.  You are most likely given yourself a misdemeanor violation.  That is usually a fine and/or up to six months in jail.  If you violated other laws, like trespassing, that would be another misdemeanor.\n\nIf you have had prior domestic violence incidents and violated the restraining order, then you could be subject to felony violation and are looking at one year plus in prison.