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Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.
Unfortunately, it is extremely simple to get a restraining order. Basically, all she had to do is fill out a form and present it to the court, and the judge will issue a temporary order.
On the temporary restraining order (TRO), there will be a date and time listed for a permanent restraining order (PRO) hearing. At the PRO hearing, you will have an opportunity to tell the court why the restraining order should not be made permanent.
This woman would also have to attend the PRO hearing or else the initial restraining order will no longer be in effect.
If you have had no contact with this person for 3 years, and if you don't have any contact whatsoever with her, then the judge should lift the order and you'll be done with this. You can also inform the judge of her past mental issues.
OK, I was reading on line that this order can be issued as a PERM. order, @ which time there are numerous implications into my life style.
CAN THIS BE DONE..
How and when WILL I KNOW if this is TEMP. when the hearing is.
The restraining order is always temporary initially - - until the court hearing.
The papers you get from the sheriff's department will give you all of the information about the status of the order (that's it is a temp order), the date of the hearing, etc.
The court should dismiss the order if there is no proof that you've had any contact with this person.
If you have contact with her, and there's proof that have threatened her, etc., the court could enter a permanent order. If that were to happen, you would basically have to stay away from her.
But, if you haven't had any contact with her, and if she has mental problems, the court will likely make short order of this.
Please let me know if you have any additional questions related to this issue. Also, please positively rate our conversation so that I may receive credit for my research and response.