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.
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.
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.
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
The evidence that is provided by the prosecution needs to make it so that a reasonable person would see that the defendant is clearly guilty. It is important to note that reasonable doubt does not require removing all doubt. There is no burden of 'absolute certainty' required.
Under certain circumstances, you may file a written request to remove from public view the court records relating to a Protective Order or a Peace Order. Under certain circumstances, the Petitioner or the Respondent may ask the court to shield the court records relating to a peace or protective order.
If he or she is not served, the final peace order hearing may have to be continued to another date. Sometimes a respondent wants his or her own peace order against the petitioner. So the respondent would have to filea separatepetition at the courthouse.
Do peace orders or protective orders go on “ your record”? Both of these orders appear on the Maryland Judiciary Case search which is a public database of the Maryland court system. In some cases, you may shield them from public view.
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).
Step 4: Appear for a final hearing Instead of a trial, the respondent may consent to the entry of a final order. A Final Protective Order may be granted for as long as one (1) year. The court for good cause may extend the term of the Final Protective Order for an additional six (6) months after a further hearing.