Restraining Order Form Printable With Pictures In Montgomery
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FAQ
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.
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.
Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.
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.
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.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
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.
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).
