Sample Motion For Temporary Restraining Order Philippines In Arizona
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Legal Basis of a TRO This legal remedy is typically requested from the court when immediate action is needed to prevent serious harm or injustice. A TRO can only be issued by a court and must be supported by sufficient evidence showing that the applicant's rights are in imminent danger.
Court of Appeals Same 72-hour ex parte power (in practice rarely used). CA's TRO—whether issued ex parte then heard, or after notice—remains effective for 60 days from service (Rule 58 § 5b). No extension beyond 60 days, but CA may issue a writ of preliminary injunction prior to expiry.
Courts issue these remedies only upon strict compliance with the requisites set forth in Rule 58 of the Rules of Court: Clear and unmistakable right. Actual or threatened violation of that right. Serious and irreparable injury. No other adequate remedy at law. Posting of the required bond.
The petitioner must show that the respondent has committed or may commit an act of domestic violence, which includes but is not limited to: Physical assault or harm. Threats or intimidation. Harassment or stalking. Sexual assault or abuse. Kidnapping or unlawful imprisonment. Criminal damage or trespassing.
TRO Issued by the Municipal Trial Court (MTC) The MTC has limited jurisdiction and can issue a TRO effective for 20 days. However, MTCs rarely issue injunctions because injunction cases usually exceed MTC jurisdictional boundaries.
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 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.
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.
In most cases, you must have evidence to convince the judge that the person seeking a restraining order is in danger of harm. The danger or harm can include domestic violence, threats, criminal trespass, stalking, and harassment. An adult can file for a restraining order when they believe their safety is in danger.
I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us, as a family, a second opportunity.
