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Sample Complaint For Temporary Restraining Order To Prevent...

Sample Restraining Order Form With Court In Montgomery

Category:

Civil Procedure - Restraining Orders

State:

Multi-State

County:

Montgomery

Control #:

US-000290

Format:

Instant download

Description

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.

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FAQ

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 plaintiff will be directed to go to the clerks counter to wait for the order.

At the hearing you must explain to the judge under oath what happened. You will want to describe each event of harassment to the best of your memory, what your harasser did and said, what emotions s/he was displaying, and how you felt and responded. You can also bring witnesses who saw or heard the harassment.

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.

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.

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.”

Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.

More info

These are the official forms for use in Family Court proceedings. Obtain a petition for a protective order from either the Montgomery County District Court Clerk or you can visit the court form search.Start or complete the application here; you'll then go to Court Administration (second floor of the Norristown Courthouse) to collect the printed packet. Below are blank copies of the Sexual Violence orders. You will need one copy of the civil complaint with original signature for the magisterial district judge. Standard court forms ( Petition for Protection from Abuse with Deposition) must be filed with the clerk to ask for a Protection Order. Please note the Protection from Abuse criteria below. Peace Order or Protective Order . . . Note when you are filing a new Divorce, Dissolution, Annulment, Legal Separation OR Answer, you MUST PRINT AND COMPLETE ALL FORMS LISTED. Most Maryland court forms and brochures are available in this index.

Sample Restraining Order Form With Court In Montgomery

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