Question:

Can you get out of a restraining order by changing your name?

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I'm writing a book and I need to know because one of the characters is getting one.

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8 ANSWERS


  1. No. The only way out of a restraining order is to go to court and tell the judge why you shouldn't have one or it expires.


  2. No.

    One of the guarantees that you have to give the Court when you change your name is that there are no Orders under your old name that compel an action.

    "Forget" to tell them and it's perjury - 20 years.

    The Court will not make an Order to change your name that pits it in contempt of another Order made by any Court.

  3. No because the name change would attach to the restraining order. Restraining order of xyz AKA abc. Name changes don't work in such matters and that's one reason it's a court case to get your name changed. If it was even discovered that you are trying to get out of a restraining order, then it would be denied. I don't thing your book would make it past anyone who actually knows how to read.

  4. No.  Changing your name is a matter of public record.  Your previous name would then be an alias and thus connected to the new name in documents and criminal history.

  5. No.  The only way out is for it to expire or for a judge to disolve it.


  6. No.

  7. The restraining order is on the person. The signature of the defendant on the actual document serves as proof that the person has notice of the order, but the order applies even if there is a mistake in the document or if the document is missing or if the name is different from the actual name of the person. If the persons name is different from the name on the order, and they refuse to stipulate in court that they are the person the order applies to, the prosecution in a trial for violating the order will have to prove that they are the same person to whom the order applies, which should be pretty easy to do.

    I once saw a pro se defendant tell the judge he didn't recognize his signature on a restraining order, though he recognized it on another one in the same case. The judge told him that he personally remembered the defendant signing the document, and strongly advised against challenging it. He explained that if he challenges whether or not it's really his signature, the prosecution will call the court reporter to read the transcript and prove that the defendant had notice of the contents of the document and he'll look like an idiot. He could challenge it if he wants, but it's a bad idea. The defendant didn't raise any objections when the evidence was presented to the jury, one of the few good decisions he made while representing himself.

    By the way, changing your name for the purposes of fraud and deceit is also illegal in many states.

  8. dont know a lot about law, but i think the answer is obvious.  of course not.

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