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.
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.
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.
How to Use restraining order in a Sentence The judge issued a restraining order. But Jeanie's lawyer filed a restraining order to block the meeting, and the NBA had her back. The couple who lived with Miller at the hostel file a restraining order against the actor.
To obtain a permanent civil restraining order the Petitioner must prove their allegations to the court with “Clear and Convincing” evidence. Clear and convincing evidence goes far beyond simple declarations.
Often, the most effective evidence used to win or fight a restraining order is using third-party witnesses. A witness who has little connection to either party and no stake in the outcome of the case can be a powerful factor for the Judge.
Evidence to prove your harassment case can include the following: Notes with details of every harassing incident, including when and how each incident occurred; Contact information for witnesses to the harassment; Wage records; Correspondence from your employer or harasser; Personnel records;
Emphasize facts, changed circumstances, and the impact of the order on your life. By carefully crafting your written statement, you increase the court's chances of favorably considering your request. Before submitting your statement, have it reviewed by a legal professional familiar with it.
The judge needs to know what your abuser has done and why you are afraid. Tell the court where and when the abuse happened. Show the judge the proof you brought. Stick to what you wrote in your petition.
But the “clear and convincing evidence” standard of proof, the middle ground of certainty between the “beyond a reasonable doubt” standard and the “preponderance of the evidence” standard, applies in civil harassment restraining order applications.
Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.” “I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction.
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.