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Restraining Order Template With Child Involved In San Antonio
Category:
State:
Multi-State
City:
San Antonio
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Broadly, yes adults can get restraining orders against minors. Age and specific facts are going to matter a lot in any case. This includes any specific disabilities the minor might have that are mitigating factors.
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.
An adult household member or any adult can file for a protective order to protect a minor from family violence. However, if the minor is in a dating relationship and is applying for the order based on “dating violence,” s/he can file for the protective order on his/her own.
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.
Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.
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.
Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
Evidence from the person seeking the order can take different forms: Witness Testimony: Statements from people who witnessed abusive behavior. Photographic Evidence: Photos of injuries caused by violence, with timestamps. Text Messages or Emails: Messages with threatening language or detailing abuse.
If you are the custodial parent, guardian, or legal custodian of the minor against whom you are trying to file, you cannot file a petition for civil protection against the minor.
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.”
More info
The online intake form for protective order assistance is available only during business hours. These links contain forms and instructions for obtaining a protective order.A protective order is sometimes mistakenly referred to as a restraining order. How do I ask for a Protective Order? Fill out the following forms found in this kit: Do I use the Affidavit or Declaration form? You must fill out an intake application giving information on yourself and the person you want to file a protective order against. This form is available during business hours. Monday through Friday from AM to PM and is closed on all Bexar County holidays. Fill out the following forms found in this kit: • Application for Protective Order. File this form when you and the other party cannot agree to a temporary arrangement for parenting, child support, or other issues before the final hearing date.