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.
Sample Motion For Temporary Restraining Order In Franklin
Category:
State:
Multi-State
County:
Franklin
Control #:
US-000299
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Word;
Rich Text
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FAQ
So can you fight these Connecticut restraining orders? Absolutely. But you need to act quickly and competently.
The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.
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 there isn't any current harassment, the judge won't grant the person's request. Unfortunately, courts have to be picky in their screening process because of too many people taking advantage of the court system by getting restraining orders because of personal vendettas.
Outlining the required elements of an Order to Show Cause Identify the parties involved in the legal action. Set forth the relief requested. Specify the legal basis for the requested relief. Specify the timely filing of the Order to Show Cause. Identify a date and time for the hearing.
In a civil lawsuit, the burden of proof rests on the plaintiff or the person filing the suit. The plaintiff should prove that the allegations are true and that the defendant, or the other party, caused damages. When it comes to establishing a civil case, the plaintiff must usually do so by a preponderance of evidence.
Although there are federal laws that make restraining orders inaccessible on public websites, these orders are public record once you are inside a courthouse. Anyone can ask the clerk to look up a file with your name and read the restraining order.
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.
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.
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General Forms ; GF-5d. SC-3. CRIM-5. Affirmation In Support Of Modification Of Family Court Order Of Protection Or Temporary Order Of Protection.Below is a selection of forms for various Franklin County Courts. Call the Franklin County Law Library at for assistance. Domestic violence restraining order (MGL c. You can file a motion or petition in the court that issued the order of protection asking a Judge to change the terms of the order of protection. Find out more information regarding Civil, Temporary, Civil Stalking, Civil Sexually Oriented Offense, and Juvenile Protection Orders in Franklin County. A party against whom a standard restraining order has been granted, may file a motion to modify or vacate the Standard Mutual Temporary Restraining Order. Below are blank copies of the Sexual Violence orders. Click on the link(s) for the forms you'd like to download.