Sample Motion For Temporary Restraining Order In Philadelphia

Category:
State:
Multi-State
County:
Philadelphia
Control #:
US-000299
Format:
Word; 
Rich Text
Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

Focus on what the crime means to you physically, emotionally, financially and spiritually. Write and speak from the heart about your pain. Don't repeat evidence presented in the trial. Ideally, the statement should take no longer than 10 minutes to read.

The judge will expect you to testify only about what you wrote in your petition. Make sure you know exactly what you wrote. You can't talk about anything that is not talked about in your petition. Is your abuser trying to bother or contact you in any way?

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.

A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.

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.

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).

Start with a general paragraph summarizing the overall history of abuse, how long it has lasted, and your efforts to stop it. Be as specific as possible and give details about how you or others were harmed by Respondent. Organize your declaration with the most recent events first, going backward in time.

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.

The following are six critical sections that must be included: Title. This is either your name (“Affidavit of Jane Doe”) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. Statement of truth. Statement of facts. Closing statement of truth. Sign and notarize.

More info

Attorney General, respectfully moves ex parte, pursuant to Title 18, United States Code,. Bilingual Forms can be found at the Pa Courts.There is no cost to file a Petition to Modify. 4. File the original and two copies of the Packet at: Philadelphia Family Court. Is this case in the (answer all questions): A. COMMERCE PROGRAM. If you are filing a temporary restraining order in a new case, first file the case electronically. Pennsylvania abuse victims seeking a PFA order should find the necessary forms readily available with assistance to properly fill them out. You will need to fill out the necessary forms including a protection from abuse (PFA) petition. What is a Protection From Abuse (PFA) Order? You will be charged filing costs and service costs when the complaint is filed at the district court.

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Sample Motion For Temporary Restraining Order In Philadelphia