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I have a restraining order against my brother. I believe he…

I have a restraining...

I have a restraining order against my brother. I believe he violated it when he showed up at probate court to contest a guardianship hearing I filed for our mother. What should I do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Has anything been filed or reported?

Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I've been told that my brother lives with another brother. That brother texted me to not show up to court for the next hearing.

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Answered in 5 minutes by:
3/12/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,128
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Ok

Did the restraining order prohibit him from coming within a certain distance of you?

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Also, did he engage in any behavior that was in violation of the order?

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Customer reply replied 1 month ago
He's not confront me on public property. He stood next to me in court while speaking to the judge.

I see what you mean. I'm sorry to hear about that. The answer to your question is that you can take some steps to enforce the order.

You can file papers in court asking the judge to find the restrained person in “contempt of court” for violating the restraining orders. The restrained person could be punished with days in jail for each violation of the restraining order.

ontempt of court occurs when there has been a valid court order entered, but a party is not complying with the order in some material way. A contempt proceeding is not to be ta***** *****ghtly. It is a quasi-criminal proceeding with a formal hearing, the taking of evidence and examination of witnesses. The accused may also have the right to be appointed an attorney by the Court. Usually, the court has forms that you can use to fill out. They are going to be specific to your state or even to your county, so be sure that you ask the court clerk (typically on the 1st floor) what forms you need if you cannot find the forms on the court’s website.

The court may decide that the other party is or isn’t in violation of the court order. If they are in violation, then the court may issue fines, and in very serious cases, they will issue jail time (usually for multiple violations). The party that is requesting the motion will have to provide the facts and possibly present witnesses to prove the case, but if they can prove it, they can usually find justice in that way.

How else can I help you today?

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    Customer reply replied 1 month ago
    You've been very helpful. Thank you.

    The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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      Customer reply replied 1 month ago
      I don't see the rating page. You're definitely 5 stars

      Oh, thanks so much! I think the stars are somewhere near the bottom of the screen. The system may send them to you shortly. It's definitely appreciated!

      Legal Eagle
      Legal Eagle, Lawyer
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