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Sample Motion For Temporary Restraining Order Philippines In Massachusetts
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Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
In Massachusetts, the burden of proof for obtaining a restraining order, whether it's an Abuse Prevention Order under Chapter 209A, or a Harassment Prevention Order under Chapter 258E, is a “preponderance of the evidence.” This means you must demonstrate that it is more likely than not that you have been subjected to ...
A temporary order will last until the final hearing, which usually takes place within ten business days. If the court is closed or you are unable to go to court because of your physical condition, the judge can issue a temporary ex parte order by phone.
The process generally involves the person who requested the order (the plaintiff) filing a motion or request with the court to dismiss or vacate the order. This request must state the reasons why the plaintiff no longer needs the protection of the restraining order.
If you have only been to court 1 time, your order is temporary (also called an “ex-parte” order). This type of order is usually in place for 10 business days until the 2nd hearing, known as the 2-party or 10-day hearing, when the abusive person can come and ask the judge not to continue the order.
TRO Issued by the Municipal Trial Court (MTC) The MTC has limited jurisdiction and can issue a TRO effective for 20 days. However, MTCs rarely issue injunctions because injunction cases usually exceed MTC jurisdictional boundaries.
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 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.
File a Petition: The party seeking a TRO must file a verified petition in the court where the main case is or will be pending. Present Evidence: The petitioner must provide evidence that immediate and irreparable injury, loss, or damage will occur without the TRO.