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.
Restraining Order Template With Example In Georgia
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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.
You may need to present proof of relationship to the respondent and proof of violence, such as assault, stalking, or threats. Explanation of why you believe you need protection. Please consult with your legal representative to determine what explanation you need for your protective order petition.
Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.
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).
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).
How to prepare an affidavit? Speak in the first person. This personalizes your affidavit, giving your personal account and testimony. Remain concise. Keeping your message as short as possible helps you to clearly communicate your message, and can make it more impactful. Restate your claims. Notarize your affidavit.
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.
Step-by-Step Guide Obtain the Correct Form. Ensure you have the right affidavit form, such as Form I-864, for family-based green cards. Complete Sponsor's Personal Information. Provide Financial Information. Declare Household Size. Outline Sponsor's Commitment. Include Supporting Documents. Submit the Form Properly.
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.
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.