Jul 13, 2015 · 3. Find the form. You will need to request a protective order by filing a petition or motion in court. Go to your courthouse and ask if they have a form. It may go by various names, such as “Request for Domestic Violence Restraining Order” or “Petition for Order of Protection.”.
If you need to change the terms of a protective order, you must file a motion to amend with the Office of Circuit Court Clerk in the county where you obtained your protective order. Either party can file a motion to amend an order. A judge will then review the motion and make a decision. Only the judge can change some or all of the terms of an ...
party, and a protective order may be appropriate. A protective order may be granted to restrict any discovery method that is “unreasonably cumulative or duplicative.” 8 Regardless of relevance, the statute allows courts to bar discovery that is too expensive or inconvenient, or sim-ply unnecessary.9 For example, interrogatories that request ...
Nov 30, 2019 · Tips. Obtain a fee schedule from the court. While it's not necessary to type a form, it is possible to type in the required information online and have it printed. Most forms only require the petitioner's information, court location and signature, as well as a series of boxes that need to be checked regarding the case.
1. Identify your need for a protective order. If you are the victim of abuse, then you can get a court to order the abuser to stay away from you. You can seek a protective order against any adult who lived in your home with you, including emancipated minors. You also can seek a protective order against a stranger.
A protective order prohibits a person from having contact with you or your children. The full scope of the protective order will depend on the facts of the case. For example, an abuser or stalker can be ordered to stay a certain distance away from you at all times.
1. Keep your copy of the order. To protect yourself, you will need to have a copy of the restraining order with you at all times. Having a copy handy will protect you in case the abuser ignores it and tries to contact you. If you have to call the police, the papers will help them understand the situation faster.
You must remain vigilant because it can take police plenty of time to respond to an emergency call. If you obtain a protective order, do not voluntarily reach out to contact the abuser.
Ex parte orders are good for emergencies, but they are temporary. They typically expire within 15 days of being issued if no other hearing or continuance is filed.
In California, for example, the Civil Court gives several types of protective orders. The Domestic Violence Restraining Order (DVRO) is filed against someone you had a relationship with (such as a spouse, partner, boyfriend/girlfriend) or a close relative (such as a parent, child, sibling, grandparent, etc.)
Seek an ex parte order for an immediate threat . If the threat of violence is immediate, you should seek an ex parte order. The court decides to grant this type of order without hearing from the other side. After an ex parte order is granted, the court may hear from the restrained party.
Protective order cases are different from criminal cases. Protective orders are intended to prevent future acts of violence or abuse. A criminal case is usually handled by the county attorney, who prosecutes the respondent for acts of violence or abuse that have already taken place.
If you have a temporary protective order (EPO or TIPO) issued or a no contact order issued by a judge pursuant to KRS 431.064 (assault, sexual offense or violation of a protective order), you have the following rights:
In addition to the rights under a temporary protective order, once a valid DVO or IPO has been issued against a respondent for your protection or the protection of a minor in your household, you may be able to terminate your lease or rental agreement.
If the petition is for a divorce, it should include the names of the spouses, the date of the marriage, the date of the separation, the names and ages of the children as well as the fact that the petitioner seeks a divorce. Once the summons and petition are prepared, the petitioner must file them with the court and see that a copy is personally ...
What Goes in a Petition? Individuals drafting a court petition should keep in mind that the purpose of the document is to advise the other party of the basic facts of the case. In order to do that, a petitioner must include the core facts and dates and must sign and date the petition.
In the United States, the terms "petition" and "complaint" are often used interchangeably. The person filing the petition is called the plaintiff or petitioner, and the other party is termed the defendant or respondent. Generally, a plaintiff files a petition or complaint when he feels that he has been wronged in some way by ...
A petition summarizes the circumstances leading to the court case. This means that a complaint must contain the name of the person filing the case and the person or people she is suing. In an injury case, for example, it must contain the basic facts that led to the harm she suffered at the hands of the defendant as well as a statement ...
However, a petition can also serve as the opening document in a divorce, bankruptcy or probate filing. A complaint contains an outline of the facts of the case. It usually must be accompanied by a summons, notifying the defendant of when the response is due. Together these opening case documents provide the defendant with notice of the lawsuit.
What Is the Difference Between a Complaint & a Petition? The initial document a person must file to begin a legal case is called a complaint or petition. In many states, it is possible for a lay person to fill out the court form herself without hiring an attorney.
A person filing a complaint without an attorney may be able to get assistance from the court. A plaintiff in that situation should find out if the relevant court has a court facilitator or an online self-help website for litigants without attorneys. A judge, however, cannot assist parties, and no court employee can give legal advice.
A False Protective Order generally has characteristics that a legal professional can identify which indicate that the document is based on fabricated allegations. In a Protective Order the petitioner generally must state each incident that occurred and the specific information concerning the incident. A false Protective Order may list the incidents but may be exceptionally vague as to details and may not even include the dates and times that the supposed incident occurred. This is intentional because the petitioner does not want to be pinned down on information before testifying in court. By being vague they are able to prevent you from defending yourself from their false claims by providing contrary information or providing evidence that you were participating in another activity at the time of their claims. Another characteristic of a false Protective Order is that the abuser may state that they feel in fear of physical immediate harm and fear for their safety without any supporting evidence that places them in this type of fear. Abusers have researched a Protective Order before they will file and will know what they will need to say to achieve their goal – however they typically mess up by not substantiating their claims for reasonable fear. For example they may state their fear comes from them being arrested or fear of a legal court proceeding which does not warrant a Protective Order or they may state fears that something will happen without any precedent of that activity previously occurring. Lastly, a false Protective Order will not have any supporting evidence other than the petitioner’s word that the events occurred. Generally the petitioner will not bring any witnesses to court, will not have necessary documents (police reports) to substantiate claims, and or will divert from previous claims contained in petition once in court.
It is easy to defend yourself from false allegations when the facts are clearly stated so you know how to defend yourself i.e. providing video tape, providing an alibi, demonstrating facts to the contrary. The abuser will use this vagueness to their advantage in court so you will be unprepared to counter their claims.
All levels of government have different rules governing how you can file a petition. To identify the requirements for filing a petition in your community, consider the following: Visit your state’s website .
Create a petition that includes facts, charts, graphs, scientific evidence, or photos that demonstrate why your proposal is sound, necessary, and a benefit to the community.
All states will provide you with a maximum amount of time your proposal can circulate. In California, you are allowed a maximum of 180 days to circulate your petition and get signatures.
Pay the required fee. At the same time you submit your proposal, you will be required to pay a certain fee. In California, the fee is $200 and it is placed in a trust fund. If the proposal makes it on the ballot within two years of submission, the fee will be refunded.
While the petition may be a less used avenue to address political leaders, it provides and important way for everyday people to make their voices heard and to ask elected officials to take action. If you feel passionate about an issue, the petition is a low-cost way for you to take a stand for change in your community.
You should ask the agency you are petitioning when you should expect to hear a decision. Some agencies set forth a specific timeline, such a 30 days.
In California, you will submit your request to the Attorney General. The Attorney General will be responsible for creating a title for the initiative and for providing an official summary.
The most important thing to do when you are served with an order of protection is to take it seriously, and act with integrity and poise. It can be an emotional and frustrating matter to have to deal with but knowing how to address it can help you get through it. Kelly Frawley and Emily Pollock.
If you dispute the allegations being made against you in the protection order and they can be disproved, equip your attorney with the supporting evidence: text message threads, recordings, photos — anything that might help address your side of the story in response to that presented in the order.
Stay away orders specify locations where you can’t go — possibly the house or apartment you both lived in, your child’s school, your spouse’s workplace, or other places where you could potentially come into contact. No contact orders go a step further, specifying that you are not allowed to contact the person at all.
If your children aren’t included in the order, your lawyer might also be able to arrange for a time and place for you to spend some time with them prior to the first court appearance. Make sure your attorney understands the circumstances.
No contact orders go a step further, specifying that you are not allowed to contact the person at all. No calls, no texts, no emails — some specify that you also can’t contact the other party through a third party such as a parent or friend. Make sure you read the complete document and understand what’s prohibited.
Whether you believe the order is warranted or not, and even if you have plenty of information to dispute its merit, respect that it is a lawful order you must follow for as long as it is in effect. Otherwise, you will be in violation and can be arrested. Consult a lawyer.
While some non-matrimonial and family law attorneys do represent clients in orders of protection proceedings, having one lawyer to manage all of your domestic issues can be particularly beneficial in that it provides you with consistency of strategy as you manage your divorce and order of protection case.
If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.
3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...
Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...
Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”
If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.
Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”.
For 11 years, Cathy was the About.com Expert to Divorce Support where she covered all aspects of the divorce process.