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Restraining Order Template With Child Involved In Bexar
Category:
State:
Multi-State
County:
Bexar
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
The judge will expect you to testify only about what you wrote in your petition. Make sure you know exactly what you wrote. You can't talk about anything that is not talked about in your petition. Is your abuser trying to bother or contact you in any way?
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).
Start with a general paragraph summarizing the overall history of abuse, how long it has lasted, and your efforts to stop it. Be as specific as possible and give details about how you or others were harmed by Respondent. Organize your declaration with the most recent events first, going backward in time.
Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.
If you are the custodial parent, guardian, or legal custodian of the minor against whom you are trying to file, you cannot file a petition for civil protection against the minor.
Focus on what the crime means to you physically, emotionally, financially and spiritually. Write and speak from the heart about your pain. Don't repeat evidence presented in the trial. Ideally, the statement should take no longer than 10 minutes to read.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
If a child's safety is threatened, parents should immediately inform the authorities. In some cases, California parents can also file for a restraining order on behalf of their children.
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.
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.
More info
The online intake form for protective order assistance is available only during business hours. This form is available during business hours.Monday through Friday from AM to PM and is closed on all Bexar County holidays. This packet contains forms and instructions to request a protective order. How do I ask for a Protective Order? Fill out the following forms found in this kit: Do I use the Affidavit or Declaration form? File this form when you and the other party cannot agree to a temporary arrangement for parenting, child support, or other issues before the final hearing date. This article tells you about temporary orders and temporary restraining orders (TROs) in family law cases. Magistrate Order for Emergency Protection (MOEP). The Texas Penal Code, Section 25.07, Violation of Certain Court Orders or Conditions of Bond in a Family.