This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary Restraining Order Form With Envelope Attached In Florida
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Form FL-320, Responsive Declaration to Request for Order is the basic form you need. Depending on the. requests made in the Request for Order (form FL-300), you may need other forms. • Notice: The court will order child support based on the income of the parents.
Ask the court to make decisions (orders) about specific issues in your family law case. This is also used by the court to set the date, time, and location of the hearing.
Responsive Declaration to Request for Order (FL-320) Tell the court and the other party if you agree or disagree with the orders the other party asked for in Request for Order (form FL-300). Also describe the orders you want the court to make instead of those that the other party asked for.
You'll use the Responsive Declaration to Request for Order (form FL-320) to respond. In this form, you'll tell the court and other side if you agree or disagree with the request. If you disagree, you can explain why and what you think the court should order instead.
Request for Order (form FL-300) If you received a Request for Order (form FL-300), it means the other person in your family law case is asking the judge to make a decision. The court sets a date to hear from both sides (a hearing) before it makes a decision.
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).
The way to write a good declaration is to focus on the key events and facts that present and prove your point or side of the story. Having too much extraneous information can just lead to the judge losing the thread of your argument. It's hard to be convinced when you're not sure what you've read.
Temporary emergency orders must be personally served Look at item 7 on Page 1 of the Request for Order (form FL-300). If the judge checked box 7, then the emergency orders were granted. You must have the papers personally served. If this box was not checked, you may be able to have the papers served by mail.
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.
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.