Sample Motion For Temporary Restraining Order In Clark
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FAQ
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.
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 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.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
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.
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.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
A "temporary protection order" (a "TPO") can usually be issued for up to 45 days. The judge can issue a TPO without notifying the other party first.
