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 Envelope Attached In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000290
Format:
Word;
Rich Text
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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 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.
The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
Why Would a Judge Deny a Restraining Order in California? A judge may deny a petition for a restraining order if they determine that there is insufficient evidence to grant it.
What Kind Of Proof Is Required To Obtain A Restraining Order? The standard of proof in criminal matters (“proof beyond a reasonable doubt”) does not apply in the case of domestic violence restraining orders, where the “preponderance of the evidence” standard of proof applies.
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.
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.
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.
If there isn't any current harassment, the judge won't grant the person's request. Unfortunately, courts have to be picky in their screening process because of too many people taking advantage of the court system by getting restraining orders because of personal vendettas.