My ex is trying to get a restraining order against me for the very same thing her parents tried to get one for. When her parents filed they had custody and she now has had custody returned to her. She is filing in a different district court than they filed in. Does the previous case automatically track with the new one?
The short answer is, "Not automatic, but it's gonna show up!"
While the circumstances described in your question presents two unique cases, it should be expected that--if an attorney is helping your ex with the filing--that prior, recent filings will be used to influence the decision makers thinking in favor of her petition.
Naturally, common sense and experience suggest that, if any unrelated case is to have some influential value, a failed prior attempt for an HRO would be less influential than a successful one (and then again, it would depend how far long in the hearing process the prior case travelled before arriving at an order). Your fact pattern is silent on the outcome of the prior HRO by her parents, so this is hard to evaluate.
If you feel this is being done to influence custody and/or parenting time, you should make that known to the court.
In any event, wouldn't hurt to talk to an attorney familiar with the courts in your area.
Best of luck to you!
This free legal advice does not give create an attorney-client relationship or the privilege protections afforded thereunto.
Criminal Defense Attorney
The case is not the same because it involves a different petitioner (your ex instead of the parents). So it will be a separate case and the court is not bound by the previous decision. However, if the facts of the case are similar then it may be relevant to the new court and is worth bringing up to help the court figure out what to do.
Not necessarily automatically if it was a civil proceeding, but any decent attorney will include the order as background paperwork during the current petition.
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