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Motion For Issuance Of Temporary Restraining Order Sample In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-000299
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Word;
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FAQ
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.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Ex parte means that the abuser does not have to be present or given notice of the hearing. This is a preliminary hearing where the judge can grant you a temporary restraining order for 10 days.
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.
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.
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.
Denial of the ex parte motion likely meant the Court was not convinced that the immediate grant of your request was necessary to protect the individual or the individual's rights. Don't forget the ex parte motion is one of the few times when the court system does not offer both parties a level playing field.
If by ex parte you mean a hearing where the other side fails to appear despite notice, then you must show that the other side was properly served with notice. You must then present evidence to prove that you are entitled to the relief you have requested.