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Temporary Restraining Order Sample With No Experience In Washington
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A Violence Restraining Order only applies to people who are not in a domestic or family relationship. You must lodge an application form (available from any court registry or online by visiting .magistratescourt.wa.au) and ask to have the first hearing in the absence of the respondent.
If someone believes they need protection and qualifies for a restraining order, they can usually apply for one through their local court system. The process may involve filing a petition, attending a hearing, and presenting evidence to support the request for the order.
You must explain how you or someone else may be seriously harmed if you don't get protection now, before the restrained person gets notice that you're asking for a protection order. Gather any supporting evidence, such as written statements, printed photos, or documents that help prove what you're saying is true.
If you need protection right away, take your forms to a court clerk. Some courts allow online filing, also called efiling. You can find out if your court has online filing by visiting your court's website.
To prevail, you'll need to prove that the person “seriously alarmed, annoyed or harassed” you, that the actions were detrimental to you and served no legitimate purpose, and that you suffered “substantial” emotional distress.
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 judge will grant an ex parte temporary order only if s/he believes that you are in danger of serious immediate harm or permanent (irreparable) injury.
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.
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.”
At the final hearing, the burden is on the petitioner to prove by a preponderance of the evidence that facts satisfy whichever statute they are seeking protection under. The petitioner gets to present his or her evidence to the court (testimony, declarations, sworn reports) and then the respondent gets to do the same.