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.
Restraining orders can be very broad and may restrict all kinds of behaviors. From contacting the other party to any other behavior that might affect the case, a restraining order can be applied. Protective orders apply mostly to violent or threatening behavior and seek to protect petitioners from future harm.
What Are the Three Types of Protection? Emergency Protective Order. Preliminary Protective Order. Final Protective Order. Count on a Diligent Loudoun County Lawyer.
The wide range of measures covered by such orders means that they exist under various names, such as restraining order, barring order, eviction order, protection order or injunction.
The petitioner has a current reasonable fear of future harm, abuse or domestic violence, or. respondent committed or was convicted of: violating the protective order, or. a qualifying domestic violence offense after the protective order was issued. Qualifying offenses are listed in Utah Code 77-36-1.
Since restraining orders are civil orders, they are not typically reflected in a criminal record. However, since many courts are courts of public record, the public might have access to information about past restraining orders.
Utah Restraining Orders assault or aggravated assault; criminal homicide; harassment; electronic communication harassment; kidnapping, child kidnapping, or aggravated kidnapping; mayhem; propelling a bodily substance or material;
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.
You can sue anyone for anything, but to win you'll need significantly more than an allegation that they filed a restraining order that was not made permanent. Your most likely claim would be abuse of process and that would require proof that the case was filed for an improper purpose.
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.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. 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.”