Thursday, January 1, 2015

A TRO turned into a civil action order. Although it doesnt state it specifically, its basically a no contact agreement signed by the plantif...

Question

A TRO turned into a civil action order. Although it doesnt state it specifically, its basically a no contact agreement signed by the plantiff, the defendant and the defendants attorney. the judge said he couldnt sign it. The last stipulation of the agreement reads: Any future contact would be a violation of this order and could give rise to criminal charges as well as a new restraining order being filed"

There's no mention of an end date..does that mean this contract is forever?

Also, if the judge didn't sign it, and its not notarized how severe of a peice of paper is it?



Answer

Are you the one who is being restrained? Are you looking for a technical way to get around the agreement? If someone were to argue that there is a loophole in this agreement or some technical way to get around it, it would be up to a judge to determine whether or not the agreement is void or not. The lack of a notary or end date on the agreement, in my personal opinion, would not be a loophole and it would seem to me that the agreement is enforceable forever. But that is only my personal opinion. A judge may see it differently based on the facts and circumstances at the time that someone is trying to enforce the agreement.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner



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