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 Without Consent In Georgia
Instant download
Description
Free preview
Form popularity
FAQ
Filing for restraining orders without reason or grounds won't help you in the family court. To get a protective order, especially in domestic violence cases, you need sound proof of what you are claiming.
The burden of proof for a TPO in Georgia is “preponderance of evidence.” This means that the petitioner must demonstrate that it is more likely than not that the alleged behavior occurred and that it necessitates a protective order.
In simple terms, a no-contact order prohibits the respondent–the person accused of domestic violence–from having any contact with the petitioner. Generally speaking, “no contact” means no contact. The order itself may specify the types of contact that are of particular concern to the petitioner or the court.
Under California law, if your wife obtains a restraining order against you, you will be officially served with the order. This means that a process server, sheriff, or other authorized individual will deliver the documents to you in person.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
You can sue anyone for anything, but to win you'll need significantly more than an allegation that they filed a restraining order that was not made permanent. Your most likely claim would be abuse of process and that would require proof that the case was filed for an improper purpose.
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.