TRO Hearing

Discussion in 'Protective & Restraining Orders' started by shaneluke, Mar 5, 2008.

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  1. shaneluke

    shaneluke Law Topic Starter New Member

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    I currently have a TRO hearing set for March 17. My girlfriend basically did this so she could leave the state and move in with her parents with our son because of health issues. She knew i would resist to her doing so. She does not intend on showing up for the hearing because she will be out of state. Can she cancel or lift this TRO by calling the courts? If she does not show do i have to show? Will they put out a warrent? I am blessed and thank all of you for your time and your kind advice.
     
  2. seniorjudge

    seniorjudge Super Moderator

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    What is the TRO for?
     
  3. shaneluke

    shaneluke Law Topic Starter New Member

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    TRO is against me for being in contact with my girlfriend, son, and her two daughters and also entering my home. She claimed verbal abuse and fear of physical harm. She has contacted me via text and phone and told me that i can enter the house after she leaves she has already let me see my son. I know that this is a violation but what is a dad to do. The TRO was a tactic that she planned out because she knew i was against moving from CO to KS.
     
  4. seniorjudge

    seniorjudge Super Moderator

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    You should not be talking to her or contacting her or violating the order in any way.
     
  5. shaneluke

    shaneluke Law Topic Starter New Member

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    So i am guessing that i must show regardless if she shows or not? Will it be dismissed once she is a no show?
     
  6. Duranie

    Duranie Moderator

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    Yes but you will beed to file for custody of the child while your state still has jurisdiction. If she doesn;t show for the RO it will be dropped.

    RO's are often used as a ploy for custody. You really need to get an attorney.
     
  7. shaneluke

    shaneluke Law Topic Starter New Member

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    So when does something like this become kidnapping? So when this TRO is lifted I could do the same thing like take my son to Pennsylvania and make her move there? Is this because their is no custody agreement?
     
  8. seniorjudge

    seniorjudge Super Moderator

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    There does not need to be a custody agreement in place before kidnapping charges are made.:no:
     
  9. shaneluke

    shaneluke Law Topic Starter New Member

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    So when and how does it become kidnapping?
     
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