Legal Question in Family Law in Ohio

temporary restraining order vacation

Ex parte retraining order obtained to harass the wife in a divorce motion filed . being a innocent aian woman how to and where to file for vacating the order

Asked on 2/15/07, 5:00 am

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: temporary restraining order vacation

In India, an application seeking vacation of ex parte interim order has to be filed before the same court which had granted ex-parte order.

An ex parte order is granted to protect an imminent danger. The same court will hear your application and decide the issue of interim arrangement after hearing both the parties.

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Answered on 2/15/07, 5:33 am

G. M. Gupta gmguptaandassociates

Re: temporary restraining order vacation

though i would have liked to have more and clear details, it seems that some injunction has been taken by the husband in a civil matter against the wife. you seems to be wife and now you want to know that how that restraint order can be vacated.

first of all you have to file an application before the same court who has given the restraint order against you. the application must mention all the true facts of the case and then seek the vacation of the restraint order on the basis of those facts.

if still the order is not vacated you can go for review of order or in appeal.

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Answered on 2/15/07, 5:38 am

Re: temporary restraining order vacation

If the case is at initial stage then file the reply to the application moved by your husband by giving true facts and you can also file a separate application for vacation of stay.however details of the case is required to be looked into.

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Answered on 2/15/07, 11:23 am

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