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.
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.
In California, violating a restraining order can have serious legal consequences, including fines, imprisonment, or both. Understanding the rules and limitations surrounding contact while a restraining order is in effect is crucial for both the protected person and the individual subject to the order.
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.”
Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in NY. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.
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.
Family Court Order of Protection The burden of proof required is lower, relying on the “preponderance of the evidence” standard. Your presence and active participation in court are necessary. While records are kept private, the courtrooms themselves are open to the public.
Modifying an order Speak with the clerk of court to complete a petition for a modification of your order - you can see the affidavit that you would file in family court on the NY Courts website.
If you want to change or get rid of an order of protection that protects you, we recommend you reach out to a domestic violence advocate to discuss your options. 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.
The affidavit is your written statement about why you are afraid of the abusive person and need a restraining order.