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Temporary Restraining Order Form Without Notice In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Under California law, if your wife obtains a restraining order against you, you will be officially served with the order. This means that a process server, sheriff, or other authorized individual will deliver the documents to you in person.
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.
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.
You can sue anyone for anything, but to win you'll need significantly more than an allegation that they filed a restraining order that was not made permanent. Your most likely claim would be abuse of process and that would require proof that the case was filed for an improper purpose.
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.
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.
Q: How long can a PFA Order last? A: A PFA Order can last up to three years. The length of the PFA is determined by the Judge who presides over the Protection From Abuse action. If there has been a violation of the PFA Order by the defendant, the PFA Order can be extended for an additional three years.
PFA orders generally do, on the other hand, leave a discoverable court record, even though that record is a civil filing rather than a criminal history. And while the PFA itself wouldn't ordinarily last for anything more than three years, the civil filing would usually last in perpetuity.
Yet if you have suffered a PFA order, don't get your hopes up that the public can't and won't discover it. PFA orders are a readily discoverable civil court record that generally will be provided by petitioning the applicable Pennsylvania Court of Common Pleas that addressed the case.