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Temporary Restraining Order Sample Without A Lawyer In North Carolina
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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.
These are temporary restraining orders issued by the court without notice to the aggressor because there is an immediate threat. The Court will decide these matters based solely on the complaint and testimony of the person filing for the order.
Seek an ex parte/temporary protective order. You can request it by checking a box on your complaint form. You then go before a judge and explain why you or your children are in immediate danger and why this order is needed. (If no judge is available that day, you can see the judge the next day court is in session.)
The law provides for a judge to give a DVPO if the defendant intentionally committed one of the following acts against the plaintiff or a child in the plaintiff's custody: Causing or attempting to cause physical injury. Placing in fear of “imminent serious bodily injury” (for instance, by pointing a gun).
3 Types Of Orders Of Protection And What You Need To Know Emergency Protective Orders. Temporary Restraining Order. Permanent Restraining Order.
The judge has to determine that you 1) have a personal relationship with the abuser and 2) have suffered an act of domestic violence. The judge has to find these things by a “preponderance of the evidence” which is a legal term that means the judge has to believe it is more likely than not that these things are true.
TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.
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.
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.