Temporary Restraining Order Form With Court In Pima
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There are no fees for filing or serving an order of protection. Did you find this information helpful?
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 plaintiff has the burden of proving the allegations to be true based on the preponderance of the evidence. The purpose of an Injunction Against Harassment is to restrain a person from committing acts of harassment.
In most cases, you must have evidence to convince the judge that the person seeking a restraining order is in danger of harm. The danger or harm can include domestic violence, threats, criminal trespass, stalking, and harassment. An adult can file for a restraining order when they believe their safety is in danger.
The judge is supposed to issue an order of protection if there is reasonable cause to believe that the defendant may commit an act of domestic violence or that s/he committed an act of domestic violence within the past year or within a longer period of time if there is “good cause” for the judge to consider a longer ...
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.
Generally, temporary restraining orders will expire on the date set by the court. Such date should not exceed 10 days unless the court has good cause for an extension or where the opposing party consents to the extension.
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.
