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Temporary Restraining Order Example In Mecklenburg
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Multi-State
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Mecklenburg
Control #:
US-000299
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FAQ
If there is an urgent need for court intervention, a District Court can issue an Ex Parte Emergency Protective Order. These are temporary restraining orders issued by the court without notice to the aggressor because there is an immediate threat.
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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.
Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.” “I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction.
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.
A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.
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).
Temporary restraining orders (TROs) are a type of short-term injunction issued to prevent a party from taking a certain action until the court is able to issue a more enduring order, such as a preliminary injunction. TROs are a type of equitable remedy.
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Then go to Document 2 and fill out the time of the hearing that the clerk will give you (For the. 1. Go to the Courthouse and Obtain the Forms You Need.Go to the courthouse for your county and see the clerk of civil court or the magistrate. Complete paperwork as stated below - In the order stated. Document 1 (Motion - 2 pages). An ex parte temporary protective order is a court order designed to provide you and your family members with immediate protection from the abuser. Step 1: Fill out required paper- work at the Magistrate's office. You will need to fill out form AOC-CV-520, which is a Complaint for No-Contact Order for Stalking or Nonconsensual Sexual Contact, located here. You will need to fill out form AOC-CV-520, which is a Complaint for No-Contact Order for Stalking or Nonconsensual Sexual Contact, located here. Help you fill out your TRO application.