Temporary Restraining Order Sample With No Experience In Nevada
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FAQ
At the hearing, you must prove that the abuser has committed an act(s) of domestic violence (as defined by the law). You must also convince a judge that you need the protection and the specific things you asked for in the petition.
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.
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.
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.
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.
You must be clear and detailed. At the same time, you need to stay on topic, because the judge does not have a lot of time to read the declaration. You should describe the abuse in detail:Describe all abuse, either toward you or another person you want protected.
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.”
