Legal Help - Restraining Orders http://www.expertlaw.com/forums/ Issues involved with restraining orders, non-contact orders, and personal protection orders. en Wed, 19 Jun 2013 22:55:26 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png Legal Help - Restraining Orders http://www.expertlaw.com/forums/ <![CDATA[Violation & Enforcement: Can You Get a Restraint from Asking Harmless]]> http://www.expertlaw.com/forums/showthread.php?t=160003&goto=newpost Sat, 15 Jun 2013 05:25:00 GMT My question involves restraining orders in the State of: Maryland An associate of mine a while back, recently accused me of stalking after leaving... My question involves restraining orders in the State of: Maryland
An associate of mine a while back, recently accused me of stalking after leaving a social media message. There were few occasions were I tried to make contact with said person, but there was no comply. Though they were unwanted, they were mere greetings and apologizes. None of which were threatening to the well being of said associate. I knew "friends" of the associate, and asked for possession of their phone, willingly said "friend" gave their phone to me. I found said associate's number and proceeded to leave a message, as no one picked up. After texting an apology said associate threatened to notify police. Although from a different source, said associate then proceeded to accuse me of stalking again. Can some one press charges for stalking, harrasement, or any other miss conduct? ]]> Restraining Orders D efine http://www.expertlaw.com/forums/showthread.php?t=160003 Termination: When Does My No Contact Order End http://www.expertlaw.com/forums/showthread.php?t=159973&goto=newpost Fri, 14 Jun 2013 09:55:13 GMT My question involves restraining orders in the State of: Montana First, I have not had and do not plan contact with the person in the no contact... My question involves restraining orders in the State of: Montana

First, I have not had and do not plan contact with the person in the no contact order I am not stupid.
But I have been unable to rap my head completely around this order. There is no domestic violence, threats, or other charges between or involving me and the other person.
We had dated briefly but that is not what was involved. She was on probation for Auto Theft and in some program for young mothers. The program's people were pushing her to get her own transportation. Things like taking away her daycare privileges so she'd have to stop her schooling and such. I told her since she had her licence back, if she got insurance she could use my truck since I had my car. The deal was she could use it while she was at the home and only until she got something else of her own. I had this in writing and notarized for her. She agreed and I dropped my truck off on the home(which loved the idea) don't know if she ever got insurance or not, but I don't know if she even had time. Some time in the next day or two her Probation Officer(PO) showed up, jumped on her like he should have cause she did not have his approval(didn't know that at the time). He took the keys, she called me told me about it and that the PO wanted to talk to me the next day. I figured he was going to chew me out cause I had worked with him at one time(no I was not a PO). I figured I'd get my keys go get my truck spend 20-30 minutes getting yelled at like he did her and move on. Well that didn't happen, I walk in he started yelling at me and trying to intimidate me. When that didn't work, he started threatening me with obstruction charges and demanded no contact with her. Message received, I had messed with his game plan for her. I was supposed to be physic or something. I didn't know what her conditions were and since I was her friend I'm supposed to? I was bummed I told her what happened and that we had to have no contact per his order. I went and got my truck and figured this is over till she was done with probation. He said he would go after anyone that tried to help her. Two days later the local Sheriff showed up and handed me a No Contact Order between myself and her. I was more then a little angry thinking this had been dealt with by the PO. Now I have a no contact order from the Judge on her case and after researching them found it has no expiration date.
Does this mean it's a permanent order?
Is this kind of order common?
Once she is off probation how do I go about getting that order removed? ]]> Restraining Orders Intarias http://www.expertlaw.com/forums/showthread.php?t=159973 Establishment: Filing a New Petition for a Restraining Order After Missing the Hearing http://www.expertlaw.com/forums/showthread.php?t=159945&goto=newpost Thu, 13 Jun 2013 20:45:25 GMT My question involves restraining orders in the State of: Washington I filed a restraining order on my spouse and was supposed to have a hearing... My question involves restraining orders in the State of: Washington

I filed a restraining order on my spouse and was supposed to have a hearing but I missed the time of the hearing and it got dismissed. How do I refile for the restraining order? I'm not sure if there are rules to follow after it has been dismissed or can I just refile right away? My spouse has a protection order on me which was unfairly put on me and has been making false reports of me violating the order. So how can I refile and would this restraining order protect me in anyway from my spouse to stop the false reporting? I believe my spouse is doing this to get a permanent protection order on me so that I will lose my rights to see my child or something similar to that not being able to see my child. ]]> Restraining Orders Fionayk http://www.expertlaw.com/forums/showthread.php?t=159945 Establishment: Can I Get a Protective Order Against a Neighbor http://www.expertlaw.com/forums/showthread.php?t=159727&goto=newpost Sun, 09 Jun 2013 03:04:34 GMT My question involves restraining orders in the State of: Ohio I live in an upstairs apartment and the neighbors downstairs constantly fight and it... My question involves restraining orders in the State of: Ohio

I live in an upstairs apartment and the neighbors downstairs constantly fight and it is disturbing our right for peaceful enjoyment. Last night they were yelling and fighting for 3 hours (until 11pm). I stomped my foot 3 times on our floor to get them to stop. The female member of the couple pounded on our door until I opened it. She began yelling at me that I was going to wake her baby. She was clearly intoxicated! I told her to just go away and I tried to close my door but she would not move from the doorway. I told her to leave or I would call the police. I had to call them and they did record her yelling at me. Can I get any type of protective/restraining order against her and her partner? Thank you! ]]> Restraining Orders kroushwv http://www.expertlaw.com/forums/showthread.php?t=159727 Establishment: Restraining Order and Child Visitation http://www.expertlaw.com/forums/showthread.php?t=159425&goto=newpost Tue, 04 Jun 2013 08:13:19 GMT My question involves restraining orders in the State of: California. The mother of my child was living under my roof for about 6 years with our... My question involves restraining orders in the State of: California.

The mother of my child was living under my roof for about 6 years with our child and I was fully supporting them both, and about 10 months ago I asked for her to leave my house due to the fact that I had gotten into a serious relationship and there had been a lot of conflict over the course of her living under my roof and I had kicked her out three times in the past because of arguments and me just not wanting to deal with her anymore. During the times I had asked her to leave and the last ten months, I have continued to pay child support for my daughter. Since I have been involved with my new girlfriend, my ex has been sending me threatening text messages, harassing me over the phone, calling at all hours with blocked numbers, threatening me, my family, and my girlfriend, and occasionally spamming my workplace with phone calls. I decided I needed a restraining order against her when she tried to break into and vandalizing my house while only my elderly mother was at home. However, I do not know how a restraining order will affect my visitation rights with my daughter. Her mother is already very specific and difficult when it comes to me seeing my daughter. She makes everything complicated and does not allow me to visit my daughter on any day other than Saturdays between the hours of 10 AM and 2 PM. Due to my work schedule, that is not always possible for me. I cannot take time off of work during those hours and she will not allow me to see her any other time or day. So based on this information, I want to know if I have a valid enough reason to get a restraining order against her and how this will affect my visitation rights. Thank you. ]]> Restraining Orders unwrittenerin http://www.expertlaw.com/forums/showthread.php?t=159425 Establishment: Information About Protection Orders http://www.expertlaw.com/forums/showthread.php?t=159357&goto=newpost Mon, 03 Jun 2013 07:28:05 GMT My question involves restraining orders in the State of: Washington snohomish county My mother got into a argument with her parents in-law. My mom... My question involves restraining orders in the State of: Washington snohomish county
My mother got into a argument with her parents in-law. My mom and her husband are renting his parents house because they live in Arizona from september to april then come back to WA and usually live in there motor home on the same property that my mother is renting. But this year they decided to get the house on the market to be sold and with no notice what so ever moved themselves into the same house as my mother her husband and my 2 younger brothers. long story short my mom was assaulted by her mother in-law during the argument. the police were called but my mom did not press charges instead she agreed to come to my house for a night or two and let everyone get space and cool off her husband and my youngest brother stayed because my little brother needed to go to school. so my mom stayed the night at my house the next morning we get a phone call from her husband and he tells us his parents went to the court house and filed for a protection order against my mom. So Now she cant go back to her own place of residence were her husband and son are still residing. Ok so they filed for the papers Wednesday and today (Sunday) she still has not been served with papers. She wanted to see her son, so i got ahold of a deputy to ask if she could go up to her house just to pick up my brother. We were unsure if she could go there without getting in trouble since she has not been served, the deputy looked up the case and told me it was a protection order and not just a restraining order and that the papers say my mom is not aloud on the property or can not have any contact with them or with anyone that is living at there residence. So I called her husband and told him to pack my moms and my brothers belongings, I went over and picked up her things and my brother. Me and my mom have no clue what all the rules are involving a protection order we don't know all of what she can and cant do or what they can or cant do......
now here are my questions:
1) can my moms in-laws legally file for a protection order when my mom was the one who got assaulted she has not harassed threatened or assaulted them in any way. she is the victim not them
2) do protection orders always state there be no contact with the person who files them and anyone who lives with them or how dose that work. Because i told her husband since he is still renting/living with/at his parents house him and my mom were not aloud to contact each other according to what the deputy told me Now he keeps calling my house to talk to her. my mom and I don't know if she is aloud to talk to him and my mom does not want to get in trouble for breaking the order, So are they aloud to contact each other or whats the deal with that.
3) When I went to pick up my brother today I asked to see the Protection order but they would not let me read it they brought it out and showed me they had it and cuz i asked when the court date was. I saw on there in the sections were my moms name goes her last name was wrong like a completely different last name then what her legal last name is. now since its not her legal last name stated on the protection order is it null n' void is the order still legal can she get out of the whole thing because of that technicality
4) is it legal that she had to move from here own place of resadance were she is paying rent they are her landlords as well as her in-laws and they own the house but dont live inside the house it has been this way for the last 4 years they gave no notice to them invading the house and moving back in can they as landlords even do that lust show up one day and tell my mom that one of the rooms in the house is now theres and there is nothing my mom can do about it...... They ran my mom out of her own home...... ]]> Restraining Orders kirstensherlock http://www.expertlaw.com/forums/showthread.php?t=159357 Establishment: Can I Get a Restraining Order to Protect My Child From her Stepmother http://www.expertlaw.com/forums/showthread.php?t=159347&goto=newpost Mon, 03 Jun 2013 02:37:54 GMT My question involves restraining orders in the State of: AZ My ten year old daughter has been dealing with what I believe is a breach of trust... My question involves restraining orders in the State of: AZ

My ten year old daughter has been dealing with what I believe is a breach of trust with step mom. A few years back there were a couple incidents that came to the surface in counseling including a slap to the face that left a bruise and a table being pushed into my daughters chest at about the age of 7 and 8. It was reported at that time but I was never notified if anything was done. I called again last week about another incident where stepmom revved the car engine at dad after a heated argument with my daughter in the car. so Dad was 6 or 7 years behind in child support and the state is going after him and he decides he needs to file for sole custody for no real reason... he actually said I twitched lol... I don't but wow... okay so we went to a hearing and a parenting conference has been ordered. In the mean time judge ordered daughter has to go over to dads every other week and on her first week back stepmom shot her in the face with a water hose with the jet spray nozzle deal on it. What the heck?I called CPS again and let them decide if it was worthy of a report because everytime I believe they want to fix it they just act like nothing happened and then justify everything instead of dealing with it. I would like to go down to the courthouse and file an order of protection against stepmom. Do you believe based on these issues a judge would likely issue it?

I am just exhausted and another hearing is at least 4 months out... she hates going over there and has no way to contact me when dad is not home. She won't even tell dad anymore because she says " he tells me my perception is wrong and that isnt what happened"

How do I go about filing on her behalf... generally children are not allowed in the courtroom or in this case would she go? I just have no idea.... ]]> Restraining Orders Brandy Britt Machowski http://www.expertlaw.com/forums/showthread.php?t=159347 Modification: Modification of a Restraining Order http://www.expertlaw.com/forums/showthread.php?t=159283&goto=newpost Sat, 01 Jun 2013 06:46:33 GMT My question involves restraining orders in the State of: colorado My poor nephew is 17.5 years old. His mother has a (temporary) restraining... My question involves restraining orders in the State of: colorado

My poor nephew is 17.5 years old. His mother has a (temporary) restraining order against his father, both civil and criminal. He has never wanted to be on this restraining order, has pleaded to be taken off, has been denied the chance to speak in the civil case or communicate with the prosecutor in the outrageous criminal case. His mother has spoken for him and lied about his wishes and feelings every chance she has gotten. They got in a huge fight about this about a week ago and she kicked him out of the house. He has been at a friends house for the last several days but has no clue about what to do long term. His mother has demanded that he return home for her own selfish reasons or she will have him put in a juvenile hall. At this point, she has not called the police to enforce her demands but it is only a matter of time. Colorado has no emancipation laws and even if they did, it wouldn’t help him. Can he remove himself from the restraining orders via his own modification? The statute reads as being vague to me. I have contacted two lawyers who have given a bit different answers. One said that yes he can. The other initially said no, but when he read the statute he came back and said maybe and that he would him my nephew try by submitting the paperwork for $500. Submitting the paperwork is easy but I don't want to get his hopes up. Can he remove himself at 17.5 years of age? Will a hearing be required? Would his mother be notified of the request and if so, can she contest the request. She moved a stranger into their house the day after their divorce and he has been miserable, and feared for the safety of his siblings and himself. But the legal system unfairly has its eyes on only their father despite the children's wishes and a very obvious bias towards the poor innocent mother in an abusive relationship, even if all the facts point towards a diametrically opposite situation. His dad can have zero contact with his son outside of supervised visits so removing the restraining order would be imperative. I plead for advice and kindly ask that judgment not be cast negatively on the father or the son. They are good men in a horrible situation that I wouldn't wish on anybody. I pray that the entire family, father and mother included can one day find peace and mutual ground but at this point, it has been nasty and sad. ]]> Restraining Orders Themagician http://www.expertlaw.com/forums/showthread.php?t=159283 <![CDATA[Violation & Enforcement: Accused of Violating a Restraining Order Based on Fabricated Evidence]]> http://www.expertlaw.com/forums/showthread.php?t=159228&goto=newpost Fri, 31 May 2013 00:22:54 GMT question involves restraining orders in the State of: New York city.

I feel like I'm in a bad dream. In 2012 my cousin (who is an x cop out on mental issues) and I had argument lthreats were made I CHANGED my number. He had his own issues with his Mom. October of 2012 his girlfriend threatened my family due to money my dad loaned my Aunt. I called her and basically a war broke out I told her if she ever threatened my family again she would had a problem with me. Next day all 4 of my tires were slashed and a month later I was arrested and given a D.A.T. for a threat. I went to court in Jan 2013 we both received dual restraining order for 6 months. I PAID FOR MY MISTAKE.
Since that I have been taken and arrested again in Feb 2013 and Yesterday May, all for fake e-mails and F.B. threats my cousin thinks this is funny . I have had it !I have been humiliated in front of my neighboors taken out without being able to take my meds or brush my teeth ,detained for hours in cells handcuffed to poles while I was told I would be taken to court and sent to Rikers Island. 6hours I was let go with a warning the DA said it was all B.S. charges and waste of time. I am finished with this on June 20th 2013

I am praying this is done and over so I can feel safe to leave my home . I am afraid of my cousin,so bad I see a therapist. I am having surgery in July and will be on bed rest. My question is Can this woman sue me for pain and suffering? Should I see an attorney ? I really just want both of them served with papers to stop Harrassing me and they have caused me more drama and that you can't just get away with arresting innocent people 2 and 3 times because you were a Cop. I don't want to sue NYPD (they are doing there job) or them I just want to feel safe.

Thanks all ]]> Restraining Orders Sad cousin http://www.expertlaw.com/forums/showthread.php?t=159228 <![CDATA[Violation & Enforcement: Can You Sue Somebody for Using a Restraining Order in a Punitive Manner]]> http://www.expertlaw.com/forums/showthread.php?t=159184&goto=newpost Thu, 30 May 2013 06:58:49 GMT My question involves restraining orders in the State of: Oregon My divorce is final this month. I won legal and physical custody our 2 children.... My question involves restraining orders in the State of: Oregon

My divorce is final this month. I won legal and physical custody our 2 children. But I spent one year of hell and 52,000 dollars fighting my ex. I want to sue him for filing a false restraining order. The judge did determine in the conclusion of the 3 day trial that MY EX HAS USED THE RESTRAINING ORDER PUNITIVELY AGAINST ME and denied him the renewal of it. The restraining order had been in place for over a year.

My ex filed a restraining order against me (said I threatened to "shoot" him). This prevented me from seeing my children for over 2 months. Previously we had joint custody. He was granted the restraining order and sole legal and physical custody of our children based on emails that were over 3 years old. I was given every other weekend and Mondays. During the 12 months the restraining order was in place I was limited to seeing my children, unable to go to their school and unable to participate in any of their activities. I was restricted from being involved in their medical, dental and psychological care although I had been the primary parent all their lives. During this time we were going through a divorce/custody battle. He was fighting for sole legal and physical custody and child support of course as I make considerably more money than him.

He had me arrested for driving by his house (violation of the FAPA), but dropped all charges when he realized that a criminal record could possibly hurt my career in the medical field. I spent one night in jail. After I was released he filed an IMMENANT DANGER protection order based on the fact that I must be crazy to drive by his house and violate the FAPA, therefore our children were in danger. We went to court. His immenant danger order was denied. Unfortunately, he told our children's school this and they threatened to call the police if I attempted to pick up our children outside my parenting time of exactly 3:30pm. I was not allowed to volunteer there.

He called 911 eight times to report "possible sightings" and other things related to the restraining order that were unfounded.

He took our children to a therapist and attempted to "coach" them to say they were afraid of me. They denied any fear. This was all documented in her chart notes and was presented in trial. This same therapist urged him to seek a specialist for one of our children. After 3 months I finally took her to the specialist (psychologist). When his attorney discovered that he wrote me an email to remind me that I was NOT to seek any medical attention for our children. Keep in mind that my ex had not personally taken our children to the doctor in over 5 years and I had been the primary caregiver to them up until the restraining order.

He filed a sexual abuse allegation against my brother AND ME the day we were to leave on a 5 day vacation. His document stated "The children were exposed to their maternal uncles penis and I HAVE CONCERNS ABOUT THE MOTHER AS I HAVE A FAPA ORDER AGAINST HER". The allegations were proven false of course, but we missed our vacation and I was out the money I prepaid for it. The concerns he had about me did not exist, except for the fact that he used the restraining order as yet another tool to try to gain sole custody and punish me by restricting our children from me.

He stated in court documents that although he was not doctor he believed I was mentally ill. I saw a psychiatrist and 3 therapists during the year long custody battle to show I wasn't. Later a custody evaluator (that I hired) administered many personality tests that showed I had absolutely no mental illness except anxiety over this situation. His tests revealed that he lied.

He stated in court documents that I physically abused our children, ages 6 and 8. They denied any abuse. No abuse was proven.

During the course of the year he would not be flexible on the parenting time and I work on call, usually just a few days a week. Sadly, if I was called to work on my parenting time he refused to switch time and there were 3 different episodes that my eldest child became so distraught because she had not seen me in 10 or more days that she became physically ill, vomiting and dry heaving for hours. This even happened at my ex's house and he took her to the emergency room, but would still not be flexible, even though his schedule is wide open. Every Wednesday he worked nights and took our children to a sitter, even though I asked every single week if I could take our children overnight while I was not working. He denied every request and in court on the stand actually admitted the reason was because HE DIDN'T WANT ME TO HAVE THEM. I believe that both our children suffered great emotional damage at being separated from me and the judge apparently did also as I was awarded custody.

Throughout this whole custody battle it was ever apparent that money/child support was the primary motive. Everything was clearly documented in emails. At one point his attorney emailed my attorney and email stating that if I lost my job and/or license to practice that "IT WOULD BE EXTREMELY DETRIMENTAL TO MY CLIENTS POSITION IN THIS DIVORCE".

Can I sue for damages in this case? ]]> Restraining Orders theexwifewhowon http://www.expertlaw.com/forums/showthread.php?t=159184 Establishment: Time Limitation for Petitioning for a Restraining Order http://www.expertlaw.com/forums/showthread.php?t=159172&goto=newpost Thu, 30 May 2013 03:35:53 GMT My question involves restraining orders in the State of: MO Is there a time limitation or statute of limitations on filing a RO against someone... My question involves restraining orders in the State of: MO

Is there a time limitation or statute of limitations on filing a RO against someone else? ]]> Restraining Orders jack13 http://www.expertlaw.com/forums/showthread.php?t=159172 Termination: What Happens at the End of a Restraining Order http://www.expertlaw.com/forums/showthread.php?t=159070&goto=newpost Tue, 28 May 2013 12:36:42 GMT My question involves restraining orders in the State of: California, Los Angeles County I have a 5 year restraining order against me which expires... My question involves restraining orders in the State of: California, Los Angeles County

I have a 5 year restraining order against me which expires in 2015. At the end of that time I want to ensure that I am not going to have to face down this kind of fraud again. My ex-wife has already given me unsupervised visitation with our daughters back in 2011. When I moved to Australia in 2012 to take a job she became very difficult to reason with and we have had a complete breakdown in communication. The order was non sense to begin with but, whatever. I just want to make sure that she isn't able to "restrain" me any further. I only want to be the best father I can be to my children and that means being in their lives so being "restrained" makes that next to impossible. I am afraid that she is going to try and extend the order. Is this even possible? The details of everything are below...

My ex-wife sought out and received a restraining order against me in 2010 as we were separating after 13 years of marriage. During our marriage there has never been any abuse. One of the contributing factors to our divorce was my then struggle with the abuse of alcohol. (I have been sober since Jan. 2011). With that in mind however I have no criminal record. No DUI's, no arrest history or any history of violence whatsoever. At the time where I voluntarily left our house we did have a heated argument where she tried to slap me. I grabbed her wrist to block the assault from her and pushed past her to get out of the house. I was served with papers notifying me of an upcoming hearing for a Temporary Restraining Order. I missed the court date for the hearing. I was at that time packing up to move back to Canada (with family) temporarily until I got healthy again.

The TRO hearing also set a follow up hearing (which I didn't know about) for the 15th of July 2010. At that time I was already living in Canada and completely unaware that she was seeking further protection from me. She alleged an assault took place when I pushed past her to leave. That is the only time we ever had any sort of physical contact that was anything other than the normal contact of a married couple during 13 years of marriage. It is my feeling that the order was a vindictive power play in her dissolution petition and because of my substance abuse problem (which she dramatically played up) and the fact that I didn't turn up for either court appearance, I angered the court so they awarded the maximum term for protection. We have 2 young girls, whom she was awarded sole physical and legal custody of.

I accept responsibility for my own actions that led up to this, however, I feel that the term awarded was unnecessary and harsh. Circumstances change and so do people. For my part I have been sober for almost 2 1/2 years. I have sought to have the most involved relationship that I can with my daughters and as the past year has gone on my ex has sought and been awarded an increase in child support. I have paid and continue to pay which I have no problem with. During the course of her RFO to seek more money, I also sought to change the custody order to include the provision for unsupervised overnight visits and the ability to travel internationally with my daughters. Specifically I sought 2 months a year custody. On the day of our hearing my attorney advised me that the Judge appeared to be quite harsh in his interpretation of the law in regard to orders of protection. He advised that it would be better to seek to negotiate with my ex outside of the court and then negotiate child support via brief to the court. So outside of court they did negotiate 2 weeks visitation for this coming summer and 4 overnights - supervised by a family member whom she is comfortable with.

As the visit has been approaching her behavior has become more and more unreasonable. I have had weekly Skype sessions with my girls for over a year but recently she has been missing them or only providing a 30 minute window for me to have access. Our daughters are very excited to see me and spend time with me. It has been the subject of our Skype sessions for over a month now but I think that my ex wife is extremely afraid that the contact with the girls will allow them to see the lies and manipulation she has subjected them to and as such I think that she is going to try and do anything she can to block the contact. My main focus is ensuring that my daughters are able to have the relationship with their father that they need. They are going to be confused and angry if I am further restrained after 2015.

In truth I would love to be able to revoke or modify the order but from everything that I have read, it seems as though that is quite impossible.

Thanks for reading this. Hopefully someone out there can give me some guidance. My attorney and I have parted ways due to gross abuse of my finances but that's another story. I am in the process of retaining new legal counsel.

:wallbang: ]]> Restraining Orders daytonavnt http://www.expertlaw.com/forums/showthread.php?t=159070 Establishment: Incompetency As a Defense http://www.expertlaw.com/forums/showthread.php?t=158976&goto=newpost Sun, 26 May 2013 00:05:50 GMT My question involves court procedures for the state of: Illinois During a civil proceeding, such as a restraining order proceeding, if allegations... My question involves court procedures for the state of: Illinois

During a civil proceeding, such as a restraining order proceeding, if allegations are brought up that the defendant does not recall at all, and the defendant can give good reason and evidence as to why the defendant cannot recall the events, can the defendant claim that he is incompetent to attend the hearing or fight the allegations?

This question stems from DUSKY v. UNITED STATES, 362 U.S. 402 (1960)

Quote:
We also agree with the suggestion of the Solicitor General that it is not enough for the district judge to find that "the defendant [is] oriented to time and place and [has] some recollection of events," but that the "test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding - and whether he has a rational as well as factual understanding of the proceedings against him." [362 U.S. 402, 403]
So, what I'm attempting to understand is if a defendant can claim that he does not have a factual understanding of the proceedings against him, because the defendant DOES NOT RECALL the events at all, can the defendant argue that he is incompetent, thus there shouldn't be a hearing? How would the incompetency defense be used in the situation, whereby a defendant does not have a recollection of past events?

It appears to me that if a defendant cannot recall the events, then the defendant does not have a "factual understanding of the proceedings against him."
I'm attempting to understand what it means by a "factual understanding of the proceedings..." Does this also mean the allegations?

Yes, this is about me. I've noticed recently that I've had some false memories. It took me a couple of months to figure out what did it, but now I'm aware of it. The plaintiff mentioned that communications had occurred in the past, but the plaintiff did not discuss the communications in the petition. I believe the plaintiff had false memories in the same way that I did. I think this forgetting effect is a general effect amongst the population. I've not read any research on it, but it makes sense. ]]> Restraining Orders untouchedworld http://www.expertlaw.com/forums/showthread.php?t=158976 Passing Letters Through Third Parties http://www.expertlaw.com/forums/showthread.php?t=158841&goto=newpost Wed, 22 May 2013 23:42:43 GMT My question involves child abuse or neglect in the State of: Michigan My husband has a no contat order with his 15 yr old daughter and when we was... My question involves child abuse or neglect in the State of: Michigan

My husband has a no contat order with his 15 yr old daughter and when we was in court she had given her step aunt a letter to give my husband...is this breaking the order or not because she didn't give it to him herself? ]]> Restraining Orders momto334 http://www.expertlaw.com/forums/showthread.php?t=158841 Establishment: Accused of Harassment After Contacting Ex-Spouse About Our Dog http://www.expertlaw.com/forums/showthread.php?t=158730&goto=newpost Tue, 21 May 2013 03:42:14 GMT My question involves restraining orders in the State of: Utah My ex-wife who lived in Utah with my dog moved to Arizona without my knowledge and... My question involves restraining orders in the State of: Utah
My ex-wife who lived in Utah with my dog moved to Arizona without my knowledge and took our dog with her. I have tried multiple times to email and text her to find out why she took our dog without talking to me first. In our decree it states that we are to share him 50/50 and now she is filing a restraining order against me stating that I am harrassing her. This is so ridiculous that it has even come to this. I have never threatened her in anyway and I have tried to be civil and I have explained to her that I would still like to see him. What can I do becasue this looks really bad on me since my fiance and her son are trying to move to southern utah. I am afraid that my fiances ex-husband will be able to use this against us in order to keep us in Salt Lake City. It can't look good have a restraining order on my record for something so harmless. I am just a concerned dog owner who misses his dog. Can anyone help? ]]> Restraining Orders reeder15 http://www.expertlaw.com/forums/showthread.php?t=158730