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.
Sample Restraining Order Form With Attorney In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000290
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
In New York, an “order of protection” is a legal term that refers to a protective order, commonly referred to as a restraining order, issued by the court as a means to help keep a person safe from further abuse or other harm or harassment.
The order typically remains in effect for a year. In some circumstances, it can last up to five years. On the other hand, the court may determine a permanent order is unnecessary if you prove your innocence or there is a lack of evidence.
Go to court You will tell the judge why you need a restraining order. You can bring witnesses and evidence to support your case. The other side can bring witnesses and evidence, too.
What Are the Three Types of Protection? Emergency Protective Order. Preliminary Protective Order. Final Protective Order. Count on a Diligent Loudoun County Lawyer.
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.
In order to fight an order of protection, you must go to court with evidence that the order is not warranted.
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).
This standard means that the Petitioner has to prove that it is more likely than not that you committed an offense. We think of it as about 51% burden of proof, which is significantly lower than “beyond a reasonable doubt.” The standard in New York criminal cases.