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Restraining Order Template Without Court In Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
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.
Keep in mind that you will generally not be able to remain anonymous when seeking a restraining order, in part because the perpetrator will need to be informed of whom they are restrained from contacting.
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.
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).
Focus on what the crime means to you physically, emotionally, financially and spiritually. Write and speak from the heart about your pain. Don't repeat evidence presented in the trial. Ideally, the statement should take no longer than 10 minutes to read.
The judge will expect you to testify only about what you wrote in your petition. Make sure you know exactly what you wrote. You can't talk about anything that is not talked about in your petition. Is your abuser trying to bother or contact you in any way?
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.
Start with a general paragraph summarizing the overall history of abuse, how long it has lasted, and your efforts to stop it. Be as specific as possible and give details about how you or others were harmed by Respondent. Organize your declaration with the most recent events first, going backward in time.
Detail what the respondent did, for example: hit, strangled, slapped, punched, kicked, broke or disconnected the phone, and any other abuse/behavior that occurred. If you include threats, state what the abuser said as close to word for word as you can.
More info
These links contain forms and instructions for obtaining a protective order. A protective order is sometimes mistakenly referred to as a restraining order.How do I ask for a Protective Order? Fill out the following forms found in this kit: • Application for Protective Order. Fill out a Protective Order before you go to court and bring it with you. The first group includes mandatory forms. You must appear in court and provide testimony. Reason(s) for Protective Order: (Mark all that apply). The Respondent committed family violence, dating violence, or child abuse. This guide tells you about getting a protective order to protect you from someone who has been violent or threatened to be violent.