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Sample Restraining Order Form With Attorney In Bronx

State:
Multi-State
County:
Bronx
Control #:
US-000290
Format:
Word; 
Rich Text
Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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  • Preview Sample Complaint For Temporary Restraining Order To Prevent Contractor From Entering Premises and Other Relief
  • Preview Sample Complaint For Temporary Restraining Order To Prevent Contractor From Entering Premises and Other Relief

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FAQ

Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.

Family Court Order of Protection The burden of proof required is lower, relying on the “preponderance of the evidence” standard. Your presence and active participation in court are necessary. While records are kept private, the courtrooms themselves are open to the public.

State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”

Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.

To get an order of protection, you must allege that the abuser committed one or more “family offenses” against you. The following crimes are considered to be family offenses when the victim and abuser are/were related by blood, marriage, in an intimate relationship, or they have a child in common: Disorderly conduct.

Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.

Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).

If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.

The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.

Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.

More info

General Forms ; GF-5. Temporary Order of Protection (Family Court).An order of protection can order someone not to injure, threaten or harass you, your family, or any other people listed in the order. Step 1: Go to court to file the petition. Hello Jacustomer, I need more information in order to answer you: What sort of restraining order are you talking about? (Criminal or Civil?) The petition that you file for an order of protection is called a "family offense petition. " Carefully fill out the petition. Learn more about Orders of Protection. In family court, the petition that you file for an order of protection is called a "family offense petition.

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Sample Restraining Order Form With Attorney In Bronx