Order Form Restraining With Divorce
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FAQ
You can generally apply for a non-molestation order if you're a victim of domestic violence and the person you want to be protected from is: someone you're having or have had a relationship with; a family member; someone you're living with or have lived with.
Getting a restraining order or injunction If you are frightened of your current or former partner, you have a right to be protected under the law. There are various ways that the law can help you. This can feel overwhelming but there are often processes to help you deal with this.
The standard of proof required to obtain a restraining order can vary from jurisdiction to jurisdiction, but it is generally lower than the standard of beyond a reasonable doubt required in criminal trials. Many US states?such as Oregon and Pennsylvania?use a standard of preponderance of the evidence.
To obtain a restraining order, you will need to initiate legal proceedings by applying for an injunction. This is typically done through a solicitor, who will help you prepare the necessary documents and gather evidence to support your case.
The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you) Sexually assaulted you.