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.
Restraining Order Form Printable With Pictures In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Family Court Order of Protection The burden of proof required is lower, relying on the “preponderance of the evidence” standard. Your presence and active participation in court are necessary. While records are kept private, the courtrooms themselves are open to the public.
This standard means that the Petitioner has to prove that it is more likely than not that you committed an offense. We think of it as about 51% burden of proof, which is significantly lower than “beyond a reasonable doubt.” The standard in New York criminal cases.
In order to fight an order of protection, you must go to court with evidence that the order is not warranted.
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.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
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.
A judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days. If the judge believes that a final order of protection should be issued, s/he will grant you an order that can last for as long as s/he determines is necessary.
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 harasser must be personally served with a copy of your petition and the temporary restraining order, if there is one, as well as notice of the hearing where the judge will decide whether or not to grant you a final civil harassment order.
More info
Visit CourtHelp to learn more about Domestic Violence. Form Number, Title, PDF, DOC, WPD.Forms ; O.S.C. Temporary Restraining Order Notice. PDF ; O.S.C. Temporary Restraining Order Notice Special Proceeding. The petition that you file for an order of protection is called a "family offense petition. " Carefully fill out the petition. If one has not been filed, you will need to fill out: • Form DV-130 (required). • Form DV-140, Child Custody and Visitation. Fill out JDF 442 Information Sheet for Registering a Protection Order. Watch video What Is Child Support to learn more.