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  1. #1
    Join Date
    Dec 2008
    Posts
    2,906

    Lois & The Restraining Order

    The thread about the e mail from yesterday is closed but I wanted to clarify something-

    In Florida when one seeks a restraining order, they can go to the Clerk of Court's office and file for it. In most cases, a temporary restraining order is granted/signed off on by a judge within a few hours but this happens without any kind of appearance in front of a judge by either party.

    On the Temp Restraining Order the Plaintiff/RO Seeker is provided a court date that is usually within 10-15 days. And the defendant/person named in the order is served within a few days and also made aware of this court date.

    At court both parties are given the opportunity to speak their piece and the judge will determine whether or not the Restraining order is made permanent. If it is, then it's done. If it's not, the TRO is cancelled at that time.

    I'm not sure what exactly happened in the Lois/Anthony case but I would imagine that some of the confusion here has to do with the TRO being granted immediately and likely the RO that was to be issued in court was denied.

    Just trying to help clarify.

  2. #2
    Join Date
    Sep 2008
    Posts
    1,862
    Quote Originally Posted by pirate View Post
    The thread about the e mail from yesterday is closed but I wanted to clarify something-

    In Florida when one seeks a restraining order, they can go to the Clerk of Court's office and file for it. In most cases, a temporary restraining order is granted/signed off on by a judge within a few hours but this happens without any kind of appearance in front of a judge by either party.

    On the Temp Restraining Order the Plaintiff/RO Seeker is provided a court date that is usually within 10-15 days. And the defendant/person named in the order is served within a few days and also made aware of this court date.

    At court both parties are given the opportunity to speak their piece and the judge will determine whether or not the Restraining order is made permanent. If it is, then it's done. If it's not, the TRO is cancelled at that time.

    I'm not sure what exactly happened in the Lois/Anthony case but I would imagine that some of the confusion here has to do with the TRO being granted immediately and likely the RO that was to be issued in court was denied.

    Just trying to help clarify.
    Thank you, that makes sense. I also am not sure what happened. I recall the RO against Cindy not granted but the judge telling KC, as part of her release, she was not to have contact with children. I don't think it mentioned just Dakota.

    I think most people's point of view was/is, if you seek a RO to keep someone away from you or from contacting you, you are giving a reason why. In this case it was b/c Lois felt it would be harmful to her grand daughter to have anymore ctc with Cindy or KC. If that is her views, than she should not be wanting her grand daughter to attend a private funeral for KC, where she would be in the presence of Cindy, the very person Lois asked to judge to put an RO out against.

    It makes sense to me, if you want an RO, you not only do not want the person around you, you also dont want to be around them.

    Even w/o the RO, it is in poor taste to ctc Cindy, respond to her if initiated the ctc or to ask to attend the funeral. Instead, take Dakota to the park to see all Gods wonders, take her to the ocean to hear Gods wonder, stand outside with her at night & look at the stars & moon, admiring Gods creations. Most of all, hold her close, let her know she is loved.



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