Puerto Rico Sample Letter requesting Protective Order for Documents
Description
Form popularity
FAQ
The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is ?good cause? to do so. Proving that you are the victim of sexual assault is considered to be ?good cause? to grant this ex parte order.
A major consequence is that the restraining order is likely to require you, the Defendant, to leave your home, if you live with the person who receives the order. If you have children, a restraining order could prevent you from getting custody of or having visitation with your children.
Contrary to what many uninformed court employees, attorneys or even judges might otherwise tell you, a restraining order does not appear on your criminal record. The restraining order itself is civil in nature and only becomes criminal if it is alleged that you have violated it and have been charged with that crime.
A protection order is a civil court order signed by a judge, that tells the abuser to not do specific acts of domestic violence and can include other protections for you and your child(ren). It is not necessary to press criminal charges or file a police report in order to get one.
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.
It is extremely difficult to challenge a restraining order, but it is possible. No matter what the circumstances are, you need to fight a false restraining order issued with the help of an experienced attorney at the Bellotti Law Group, P.C.
A restraining order is relatively easy to obtain. You need only show that violence or threats of violence most likely took place. Filing criminal charges or calling the police is not usually necessary.
The plaintiff has the burden of proof. That means they must convince a judge by a preponderance of the evidence that they are in fear of abuse. Both sides may offer testimony and evidence. Either side may call witnesses and cross-examine one another.
