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.
Restraining Order Template With Child Involved In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
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.
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.
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.
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).
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.
An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence.
This order is designed to protect a child from abuse or neglect for a longer period of time than the ex parte order. A protective order can be issued after a hearing in front of a judge in which both parties have the opportunity to tell their sides of the story.
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STEP 1: Submit your information before coming to Court. Any victim of abuse can file for a restraining order, or a protection from abuse order (PFA) in Pennsylvania.Learn how PFAs work, and how to obtain one. Below are blank copies of the PFAD orders. Pennsylvania abuse victims seeking a PFA order should find the necessary forms readily available with assistance to properly fill them out. These are the official forms for use in Family Court proceedings. This section of PALawHelp. Org has information and resources about Self Help or Pro Se Forms in Pennsylvania. When a PFA order names a child or children for protection, it brings custody into question. When a PFA order names a child or children for protection, it brings custody into question.