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.
Restraining Order Template With Child Involved In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-000299
Format:
Word;
Rich Text
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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.
I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us, as a family, a second opportunity.
A neutral party will have to handle the task of handing off the child and conveying information each parent is entitled to know or have a say in decision-making. The parents will need to inform the court of the dilemma since restraining orders typically include no-contact provisions.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
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 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.
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.
If a child's safety is threatened, parents should immediately inform the authorities. In some cases, California parents can also file for a restraining order on behalf of their children.
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).
More info
An order of protection can order someone not to injure, threaten or harass you, your family, or any other people listed in the order. These are the official forms for use in Family Court proceedings.Step 1: Go to court to file the petition. In New York, a restraining order is called an Order of Protection. The petition that you file for an order of protection is called a "family offense petition. " Carefully fill out the petition. A court can provide a petitioner a full stay away order mandating that the respondent (like a criminal defendant) can't have any contact with him or her. A family law attorney can help protect you and your family to obtain a temporary restraining order, known in New York as a temporary order of protection. Intheblanks form authorizing a filing agent to efile documents on behalf of an individual attorney. Domestic Violence: A person may apply for one if they are the victim of domestic violence, which includes physical abuse, sexual assault, or emotional abuse.