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.
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.
An adult household member or any adult can file for a protective order to protect a minor from family violence. However, if the minor is in a dating relationship and is applying for the order based on “dating violence,” s/he can file for the protective order on his/her own.
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.”
A neutral party will have to handle the task of handing off the child and conveying information each parent is entitled to know or have a say in decision-making. The parents will need to inform the court of the dilemma since restraining orders typically include no-contact provisions.
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.
If you are the custodial parent, guardian, or legal custodian of the minor against whom you are trying to file, you cannot file a petition for civil protection against the minor.
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.
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.
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).
The 5 most common tips in writing an effective leniency letter to a judge include: write a clear introduction, introduce yourself and establish credibility, provide reasons for leniency, tell a story, and. provide contact information.