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Montana Petition for Temporary Order of Protection and Request for Hearing
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Description Temporary Order Of Protection
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FAQ
The protected person is called the Petitioner. The Petitioner must file a Petition in a court of record, against the other person, called the Respondent. This Instruction booklet explains how to fill out forms for a case in which the Petitioner is seeking protection for himself or herself, not on behalf of a child.
If a person is subject to a restraining order and violates it, he or she can face serious penalties.Even if the parties no longer desire the restraining order to be in effect, the restraining order is still valid and enforceable while in effect. In order to remove it, the restraining order must be lifted by the court.
Consider Hiring an Attorney. Prepare Your Evidence in an Organized Fashion. Preserve Your Constitutional Right Against Self-Incrimination if a Criminal Case is Pending. Be Mindful of Proof of Service. Do Not Underestimate the Burden of Proof.
You have the right to attend the final restraining order hearing to defend yourself against the other party's allegations before a final restraining order can be issued against you.At the hearing, the judge will hear testimony from both parties and possibly any witnesses.
File and Answer to the TRO. Tell your side of the story at the mandatory hearing, where the court will review the temporary restraining order and decide whether or not to grant it.
In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.
At a temporary hearing, for example, a Family Court Judge receives temporary hearing packets from both parties, reviews those packets, hears from each party's attorney regarding her/his client's position on the matter, and then makes a ruling, on a temporary basis, as to what terms the parties will abide by until the
Find Childcare. Children are usually not allowed in the courtroom. Make a Safety Plan. Call the courthouse ahead a time to find out about the court's check-in process for domestic violence protection order hearings. Organize Your Paperwork. You should bring: Read Your Paperwork.
It's much like a mini-trial. Your attorney would have the right to cross examine those witnesses, and then put you or other witnesses on to combat it. Then those people can be cross examined, and then at the end, arguments are made for or against the order, and the judge makes a decision. It's very much like a trial.