A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Maine Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.
A sworn statement (affidavit) describing the facts of a recent or past incident(s) of abuse is required on the application or complaint form for a restraining order. It is also important to provide information about the abuser, such as work address, telephone, birth date and social security number.
To have a chance of winning a restraining order case, you must give clear and believable defense testimony while simultaneously undermining the plaintiff's credibility with genuine evidence or cross-examination.
Only the judge can modify or remove a No Contact Order. While No Contact Orders are typically imposed at the beginning of most criminal cases such as Assault, Harassment, Trespass and Malicious Mischief, the parties can petition the judge modify or lift the No Contact Order.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
The existence of a civil restraining order record is not disclosed as part of a routine criminal background check and is obtained by other means by agencies, cities, towns, employers, schools, public housing authorities, private landlords, licensing authorities, etc.
What is the Burden of Proof in a Massachusetts Restraining Order hearing? The burden of proof is on the plaintiff to prove by a preponderance of the evidence that they need an abuse prevention order.
The appeal deadline is 21 days. Whether you have a Protective Order or not, assault, criminal threatening, stalking and trespassing are still criminal acts. If you think the Defendant has committed a new criminal act against you, contact the police and file a new criminal complaint.