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.
Online Restraining Order Forms With Google Docs In Suffolk
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State:
Multi-State
County:
Suffolk
Control #:
US-000299
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Word;
Rich Text
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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.
An order of protection under Family Court Act §842 shall set forth reasonable conditions of behavior which may require the petitioner or the respondent: (a) to stay away from the home, school, business or place of employment of any other party, the other spouse, the other parent, or the child, and to stay away from any ...
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 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.
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.
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.
How to Fill Out an Order to Show Cause Write the county name. Write the Article for your case type. Write the name(s) of the petitioner(s). Write the name(s) of the respondent(s). Write the docket number, if it exists. Write your name. Write the date you signed the affidavit. Write the month you signed the affidavit.