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Temporary Restraining Order Form Without Notice In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
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.”
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.
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.
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.
More info
Obtain a petition for a protective order from either the Montgomery County District Court Clerk or you can visit the court form search. Standard court forms ( Petition for Protection from Abuse with Deposition) must be filed with the clerk to ask for a Protection Order.This article tells you about temporary orders and temporary restraining orders (TROs) in family law cases. You can obtain an order of protection from either the District Court or Circuit Court in your county. Protection orders can last for any period of time, up to five years. The victim of the act of abuse described above must be the person eligible for relief in the interim, temporary, or final protective order. Information about protection from abuse orders, elder abuse protection orders, and moving out of state with an order. Note when you are filing a new Divorce, Dissolution, Annulment, Legal Separation OR Answer, you MUST PRINT AND COMPLETE ALL FORMS LISTED. See our tutorials to learn how to get started or reach out to an advocate for help. Order of Protection Forms from Local Courts.