Temporary Restraining Order Sample With Motion In Fairfax
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If you are facing an active sentence and are still in the local jail, you have options. Pursuant to Virginia Code § 19.2-303, you may file a Motion to Reconsider. A Motion to Reconsider is a request submitted to the sentencing judge requesting that the judge consider a different, less harsh sentence.
Defining a Motion of Reconsideration in Fairfax A motion for reconsideration asks a court to reconsider the sentence previously imposed on a defendant. Only the sentence that the court imposed after having found the defendant guilty is re-examined.
A motion to reconsider either identifies an error in law or fact in a prior Board decision or identifies a change in law that affects a prior Board decision and asks the Board to re-examine its ruling. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence.
For emergency protective orders, the court will also need proof that you or your children are in immediate danger. You or the law enforcement officer may need to give testimony under oath about this probable danger.
What is the Burden of Proof for a Protective Order? In protective order cases, the petitioner holds the burden of proof. Unlike in criminal cases where the petitioner must prove beyond a reasonable doubt, protection order case proofs are based on “preponderance of the evidence.”
The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court's overall ruling.
You can file a petition for a protective order at a juvenile and domestic relations court or circuit court. Go to the clerk of court and tell him/her you want an application for a protective order. You can also find links to these forms online by going to our VA Download Court Forms page.
Motions for Reconsideration should be filed in the Clerk's Office and a courtesy copy should be delivered to the Judge who made the initial ruling. Do not file the Yellow Friday Motions Day - Praecipe/Notice Form or otherwise schedule any motion for reconsideration for a hearing.
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.”
