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.
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.”
If you are facing severe online abuse, you may be able to request that a judge issue a restraining order to prevent the perpetrator from further harassing you. Restraining orders can provide a concrete remedy against persistent online abuse.
No contact orders normally require the person to stay away and not attempt any form of communication of the other party. No contact orders can be issued when someone harasses a person or endangers the welfare of a minor. Last updated in September of 2021 by the Wex Definitions Team LIFE EVENTS.
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.
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 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.
I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us, as a family, a second opportunity.
If granted, a RO normally specifies that the defendant can't contact the alleged victim by any means. “Contact” includes anything from phone calls to social media and text messaging.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.