TRO to make permanent

Humor, philosophical, theoretical postions, judicial reform, rants, etc.

TRO to make permanent

Postby dadmisseskids » Fri May 25, 2012 6:18 am

The hearing where it comes to make the TRO permanent, I'd like to hear some experiences from guys on here that have been through it. Expectation, total time and of course, the good, the bad and the ugly....
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Re: TRO to make permanent

Postby TransAm » Fri May 25, 2012 7:33 am

I didn't think they could be made permanent without a continuing threat, for loss of a better word. Sorta like you got to get a building permit every two years for the same house you've been working on.
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Re: TRO to make permanent

Postby dadmisseskids » Fri May 25, 2012 7:41 am

TransAm123 wrote:Sorta like you got to get a building permit every two years for the same house you've been working on.
Yup, I understand that. I've heard they order a temporary restraining order and then a week or two later they will order it "permanent" on a 2-3 year basis.

Regarding this point, a hypothetical scenario goes something like this:

1. Person A writes person B an E-mail that is threatening their life.

2. At the ex-parte hearing the judge finds enough evidence in a few E-mails and determines that there is a credible threat to person B's life. A TRO is ordered.

3. A week later person A and person B are in court in front of the judge for a hearing.

4. The original threat was just a week ago. What excuse could person A give to the judge so the TRO is dropped? In the case of an E-mail where the threat is written, is there no disputing or justifying it and the judge just moves forward and makes the TRO permanent?
"Success depends on your backbone, not your wishbone"

Mommy has Borderline Personality Disorder? She's very difficult to deal with? Buy this:

http://www.amazon.com/gp/product/B0056JX46W
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