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 Example In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
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.
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.
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).
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.
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.
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.
More info
Below are blank copies of the PFAD orders. These sample forms may be useful when filing documents for the civil and family courts.If you have any questions, consult an attorney. STEP 1 Submit your information before coming to Court Submitting the information for your petition online. Pennsylvania abuse victims seeking a PFA order should find the necessary forms readily available with assistance to properly fill them out. 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. How Do I Change My Custody Order? You will need to fill out the necessary forms including a protection from abuse (PFA) petition. Please refer to the attached order for the list of docket types which will now be assigned the appropriate MS case designation.