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Restraining Order Template With Example In North Carolina
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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.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
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 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.
The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.
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.
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.
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.
In North Carolina, citing evidence of stalking, sexual abuse, harassment, or an instance of domestic violence can also be valid grounds for a restraining order. The petition for the restraining order needs to accurately and specifically reflect these instances, or show grounds for fear of future occurrences.
Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.