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Temporary Restraining Order Sample Without Notice In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-000299
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Word;
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FAQ
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.
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 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.
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.
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.
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.
The initial temporary protection order will be good for only 14 days. The court can extend the order or change it. The final PFA order issued after the hearing will be good only for one (1) year unless the court orders a different length of time.
In such cases, the court may determine that the welfare of the incapacitated person necessitates immediate intervention. This allows the court to appoint a temporary guardian with the powers of a general guardian for a period not exceeding six months.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
More info
You can obtain an order of protection from either the District Court or Circuit Court in your county. 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. If you filed your petition during court hours with a clerk of the court, this will be your first immediate hearing. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order. Integrated Domestic Violence Court (IDV). Civil Protection Orders. 2. Fill out the form completely. 3. When you have completed the questionnaire, return it to the Protective Order Division. If so, you can ask the judge to make temporary orders.