Order of Protection: A survivor of domestic violence, dating violence, or family violence can ask for this, which provides protection from the abuser. Civil No Contact Order: A survivor of , sexual assault, or sexual abuse can ask for this, which provides protection from the perpetrator.
The Standard of Proof for an Order of Protection To get a civil protection order, you only need to prove by a preponderance of the evidence that the abuse you are alleging occurred. This means that you only need to convince the court that it is more than 50 percent likely that the respondent abused you.
Harassment, intimidation, interference with personal liberty, each have their own definition. These are pretty specific instances described as harassment. Any testimony to an incidence such as these will be sufficient evidence for a finding of “harassment” thereby allowing the court to issue an order of protection.
Civil Harassment Restraining Orders These specific restraining orders are typically the most common restraining orders filed, and they are applicable when there is no intimate relationship between the parties involved.
What Are the Three Types of Protection? Emergency Protective Order. Preliminary Protective Order. Final Protective Order. Count on a Diligent Loudoun County Lawyer.
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).
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.
Individuals seek no contact orders by going to their local court in their jurisdiction or the jurisdiction of the defendant. They will need to complete a form that identifies the reason why the no contact order should be issued and the places the person wants protected.