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Restraining Order Template Without Consent In San Antonio
Category:
State:
Multi-State
City:
San Antonio
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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 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.
The four most common types of protective orders are: Domestic Violence Protection Order. Restraining Order. No Contact Order. Anti-Harassment.
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.
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.”
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).
Keep in mind that you will generally not be able to remain anonymous when seeking a restraining order, in part because the perpetrator will need to be informed of whom they are restrained from contacting.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.
More info
How do I ask for a Protective Order? Fill out the following forms found in this kit: Do I use the Affidavit or Declaration form?What documents and information do you need to apply for a Protective Order? The first group includes mandatory forms. These links contain forms and instructions for obtaining a protective order. A protective order is sometimes mistakenly referred to as a restraining order. This form is available during business hours. Monday through Friday from AM to PM and is closed on all Bexar County holidays. Fill out the following forms found in this kit: • Application for Protective Order. A restraining order is defined as an official court document that orders the abuser to avoid contact with the victim or risk facing legal consequences.