Divorce and Remarriage

questions & answers

Question: If I ask a court for a protective order, and they denied it, can i go to another court and try?

Answer: Theoretically it is possible to re-file in any court that has jurisdiction over the relief you are seeking if a prior petition has been dismissed without prejudice; however, all courts will look at the circumstances surrounding the reason the relief is granted and will consider prior denials. If a situation surrounding the denial from initial relief has changed since it was denied, the courts may be more likely to grant relief, including the same court which originally denied the petition. However, if circumstances have not changed since the denial, even a different court may become irritated as "lateral appeals" (re-filing in a different court) are usually frowned upon. Based on the court that denied relief and the conditions of the denial, it may also be possible to appeal the decision to its higher court.