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Restraining Order Template Without Consent In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
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FAQ
If granted, a RO normally specifies that the defendant can't contact the alleged victim by any means. “Contact” includes anything from phone calls to social media and text messaging.
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).
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
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.
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.
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.
3 Types Of Orders Of Protection And What You Need To Know Emergency Protective Orders. Temporary Restraining Order. Permanent Restraining Order.
Here's a sneak peek at what you'll discover: A restraining order generally protects people and property in a broader sense, while a protective order focuses on preventing abuse and violence in specific circumstances.
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.
