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Anup shukla   20 August 2017

3 4 domestic voielence

Sir my bhabhu filled domestic voilence on my mom...in 2014...the case is running...we have not filled answer till yet....i wana know can we approach high court if the case is still pending in local court...is there any options or we have to stuck till local court make judgement.... I am unware about all those think. Hope u can guide me


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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 August 2017

A Temporary Restraining Order (“TRO”) is the first step in a domestic violence case. TROs are usually obtained through an ex parte court proceeding. Ex parte means the “plaintiff” (person claiming to be a victim of domestic violence) may ask for a court hearing without notifying the "defendant" (person accused of domestic violence).  

At the TRO hearing, the plaintiff may testify or bring in other evidence of domestic violence. There is usually a court reporter present who will record what is said. If the court finds sufficient evidence, it will issue a TRO against the defendant. A police officer or sheriff must serve (deliver) the TRO to the defendant within 24 hours of the hearing.  

A TRO prohibits the defendant from engaging in certain behaviors on a temporary basis. The defendant will be restrained from having contact with the plaintiff and prohibited from returning to his or her home if it’s shared with the plaintiff. In custody cases, TROs may also prevent defendants from visiting their children.

TROs usually expire within 10 days. In order to extend a TRO, the plaintiff must file a complaint for domestic violence, and ask for a full court hearing.

Raveena Kataria (Advocate )     21 August 2017

If you are not happy with the final decision of the lower court, you can take the matter up to the High Court. Of course, for that, first you will have to defend your case in the lower court, for which I'd advise you to get in touch with a local advocate who can assist you smoothly through all the necessary legal proceedings. I'd recommend that you do not miss out on any of the court dates.


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