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 Child Involved In Hillsborough
Category:
State:
Multi-State
County:
Hillsborough
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
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.
Once a restraining order is issued, it becomes a matter of public record, accessible to potential employers, landlords, and others conducting background checks. A restraining order may appear on a person's record even if they were never charged with or convicted of a criminal offense.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
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.
Protection of minor children The Standard Mutual Temporary Restraining Order plays a dynamic role in protecting the rights and assets of both spouses during a divorce. With clear guidelines and restrictions in place, divorcing couples can proceed with a more amicable and equitable resolution of the divorce process.
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.
If you are the custodial parent, guardian, or legal custodian of the minor against whom you are trying to file, you cannot file a petition for civil protection against the minor.
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).
More info
The necessary forms will be provided to you at the courthouse or are available to download online. Petition for Injunction for Protection Against Domestic Violence.Form Number 12.980(a). Thirteenth Judicial Circuit - Forms List. Please select the category below to expand and view general forms for those division. An order of protection can order someone not to injure, threaten or harass you, your family, or any other people listed in the order. This guide provides basic information about how to get a restraining order in Florida. You'll learn how to petition for an injunction for protection. These services are free and are designed to provide information to people who are representing themselves in family law cases in Hillsborough County. Step 2: Fill out the forms.