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.
Restraining Order Template With Child Involved In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
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.
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.
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.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us, as a family, a second opportunity.
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.
More info
These are the official forms for use in Family Court proceedings. The law does allow the County Attorney to represent a child in a protective order.Any victim of abuse can file for a restraining order, or a protection from abuse order (PFA) in Pennsylvania. Learn how PFAs work, and how to obtain one. You can get a protective order, which will help you keep your abuser away from you and allow you to have custody of your children. What can a Protection Order include? The petitioner (the individual asking for a CPO) may file in the Montgomery. Where do I file my completed forms? File your papers in a courthouse when they are open. Information about protection from abuse orders, elder abuse protection orders, and moving out of state with an order.