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 San Antonio
Category:
State:
Multi-State
City:
San Antonio
Control #:
US-000290
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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).
The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.
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.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
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.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
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.
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.
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).
More info
The online intake form for protective order assistance is available only during business hours. This packet contains forms and instructions to request a protective order.Visit the District Attorney's protective order site to fill out the intake application online now. How do I ask for a Protective Order? Fill out the following forms found in this kit: Do I use the Affidavit or Declaration form? This form is available during business hours. Monday through Friday from AM to PM and is closed on all Bexar County holidays. Fill out the forms in this kit: • Application for Protective Order. Fill out the following forms found in this kit: • Application for Protective Order. How do I ask for a protective order?