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.
You can potentially obtain a TRO by convincing the judge assigned to your case that you would suffer harm that could only be described as “irreparable” if they don't halt the foreclosure process temporarily. Sometimes, the TRO process all takes place within 24-48 hours. A TRO is, by definition, temporary.
If you are seeking a family violence Protective Order, the law requires that you prove family violence has occurred and family violence is likely to occur in the future. If you are seeking a stalking Protective Order, the law requires that you prove that there are reasonable grounds that you are the victim of stalking.
A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.
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.”
Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.
In most cases, a Protective Order will last up to 2 years. There are some situations where a court can issue an order that lasts longer than 2 years. Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process.
Essentially, in a motion to vacate, you would be giving the Court a reason to set aside the judgment and keep the lawsuit active. If the Court thinks the reason you have given is a good one, the judgment will be vacated.
To initiate the removal of a protective order, you must file a motion to dismiss with the court that issued the order. For example, if you received a protection order in Fort Bend County, you must request termination in the same county.
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).
In order to have an order of protection dropped, one must: Return to the county court where the petition for the original order was filed. Complete the necessary paperwork. Speak with the judge or another court officer prior to the order being vacated.