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.
Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.
In most cases, you must have evidence to convince the judge that the person seeking a restraining order is in danger of harm. The danger or harm can include domestic violence, threats, criminal trespass, stalking, and harassment. An adult can file for a restraining order when they believe their safety is in danger.
Step-by-Step Guide Obtain the Correct Form. Ensure you have the right affidavit form, such as Form I-864, for family-based green cards. Complete Sponsor's Personal Information. Provide Financial Information. Declare Household Size. Outline Sponsor's Commitment. Include Supporting Documents. Submit the Form Properly.
There are no fees for filing or serving an order of protection. Did you find this information helpful?
How to prepare an affidavit? Speak in the first person. This personalizes your affidavit, giving your personal account and testimony. Remain concise. Keeping your message as short as possible helps you to clearly communicate your message, and can make it more impactful. Restate your claims. Notarize your affidavit.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
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.
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.