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Temporary Restraining Order Sample With Motion To Dismiss In Arizona
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``What would make a judge deny a restraining order?'' The reason most restraining orders that go to hearing are denied is due to insufficient facts/evidence in support of the request. Many people don't realize the importance of their declaration and think that they'll get to add more at the hearing.
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.
Only a judge can dismiss an Order of Protection. To file a motion to dismiss or quash an order of protection, you must go to one of the Protective Order Centers( ) to complete a motion.
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.
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.
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.
Generally, temporary restraining orders will expire on the date set by the court. Such date should not exceed 10 days unless the court has good cause for an extension or where the opposing party consents to the extension.
Primary tabs. Dismiss refers to the court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte (voluntarily).