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.
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.
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).
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.
The judge is supposed to issue an order of protection if there is reasonable cause to believe that the defendant may commit an act of domestic violence or that s/he committed an act of domestic violence within the past year or within a longer period of time if there is “good cause” for the judge to consider a longer ...
There are no fees for filing or serving an order of protection. Did you find this information helpful?
In most cases, you must have evidence to convince the judge that the person seeking a restraining order is in danger of harm. The danger or harm can include domestic violence, threats, criminal trespass, stalking, and harassment. An adult can file for a restraining order when they believe their safety is in danger.
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.
I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us, as a family, a second opportunity.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
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.