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.
On the complaint for a permanent restraining order, you will be the “petitioner” and the abuser will be the “respondent.” Write briefly about the most recent incidents of violence, using descriptive language - words like “slapping,” hitting,” “grabbing,” threatening,” “choking,” etc. - that fits your situation.
There are many good reasons for filing a domestic restraining order that can help keep you safe. A DVRO will order your abuser to: Not go near or contact you, your children, family, or others who live with you. Not go near your home, place of work, or children's schools.
Civil Harassment Restraining Orders These specific restraining orders are typically the most common restraining orders filed, and they are applicable when there is no intimate relationship between the parties involved.
You must be clear and detailed. At the same time, you need to stay on topic, because the judge does not have a lot of time to read the declaration. You should describe the abuse in detail:Describe all abuse, either toward you or another person you want protected.
The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.
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.”
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.
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 order of protection has nothing to do with whether you can get married.
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.