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 Motion For Temporary Restraining Order In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-000299
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Word;
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FAQ
A Protection From Intimidation Order (PFI) is an Order entered by the Court which tells the adult offender to have no contact with his/her minor victim or face serious legal conse- quences. It offers a civil remedy to both fe- male and male victims.
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.
What is a Protection From Abuse (PFA) Order? In Pennsylvania, a PFA order from a court gives protective “relief” for a victim (and sometimes their children) for a period of up to three years (for final orders). A person can file for a PFA order from the court for themselves, or on behalf of their minor children.
A Protection From Intimidation Order (PFI) is for cases of harassment or stalking where the victim is under 18 and the abuser is over 18. Eligibility: Minors (under 18) who are being harassed or stalked by someone 18 or older. An adult (like a parent or guardian) must file the PFI for the minor.
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.
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.
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.
Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the 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.
More info
Below are blank copies of the Sexual Violence orders. Pennsylvania abuse victims seeking a PFA order should find the necessary forms readily available with assistance to properly fill them out.Temporary PFA Orders A judge will hear your case the same date you complete your petition to determine whether your request will be granted or denied. 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. The PFA Department will transmit a copy of your Temporary PFA order to the police department you identify, where you will be residing. You will need one copy of the civil complaint with original signature for the magisterial district judge. This form can serve as a template when a lawyer is filing a motion for a temporary restraining order in federal court. These are the official forms for use in Family Court proceedings. Read the protection from abuse petition carefully and ask questions to the courthouse staff if you don't understand something.