Restraining Order Template With Child Involved In Ohio
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If you are the custodial parent, guardian, or legal custodian of the minor against whom you are trying to file, you cannot file a petition for civil protection against the minor.
No Contact Orders are issued by a judge through criminal cases. For instance, when there is a crime that involves an alleged victim of violence, such as Domestic Battery, Battery, Harassment, and Stalking, then the Judge will likely order that the Defendant have No Contact with the Alleged Victim.
Immediate danger of domestic violence or dating violence can count as good cause to grant a temporary ex parte order, which includes, but is not limited to: situations in which the respondent has threatened you with bodily harm or a sexually oriented offense; or.
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.
You can file against someone who is under age 18. However, the petition would be filed in juvenile court (the juvenile division of the court of common pleas) as opposed to the domestic relations division of the court of common pleas.
Evidence from the person seeking the order can take different forms: Witness Testimony: Statements from people who witnessed abusive behavior. Photographic Evidence: Photos of injuries caused by violence, with timestamps. Text Messages or Emails: Messages with threatening language or detailing abuse.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
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.
Filing a Civil Lawsuit Talk to an attorney who specializes in civil harassment cases. Gather evidence of the harassment. Collect evidence of the damage the harassment has caused you. Draft a complaint listing your allegations and damages. File your complaint with your local civil court.
