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Online Restraining Order Form Forced Marriage In Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
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 law provides for a judge to give a DVPO if the defendant intentionally committed one of the following acts against the plaintiff or a child in the plaintiff's custody: Causing or attempting to cause physical injury. Placing in fear of “imminent serious bodily injury” (for instance, by pointing a gun).
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.
Go to the Wake County Courthouse at 316 Fayetteville St., Room 527, 5th Floor Civil Clerk of Court, and the Domestic Violence Unit and obtain a Domestic Violence Protection Order (DVPO) and complete it. The Judge will call you to the stand, and you will be sworn in to testify about the complaint you have just filed.
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 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.
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.
More info
AOCCV306 , Civil Forms (CV). Domestic Violence Order Of Protection. Files.Steps to Obtain a Domestic Violence Protection Order (50B Order) or a Restraining Order (50C Order). The process of filing for a Domestic Violence Protective Order or a Civil No-Contact Order can be broken down into six general steps. What is an Order of Protection? This document is a collection of links to fillable forms that are available on NC Administrative Office of the Courts or AOC. An ex parte temporary protective order is a court order designed to provide you and your family members with immediate protection from the abuser. Affirmation In Support Of Entry Of Out Of State Order Of Protection Or Temporary Order Of Protection Onto Statewide Registry Of Orders Of Protection. The Court has been "reluctant" to recognize rights that are not men tioned in the Constitution. Every effort is made to provide accurate information.