Add Peitioner Ordered with airSlate SignNow

Argue countersign order

[Music] if you were served with a temporary restraining order first thing you need to do is read that order make sure you follow it the worst thing you can possibly do is violate the order before you even have a chance to come in front of a judge if it tells you not to follow the petitioner don't follow him or her if it tells you not to call that person don't call read delegations in the petition and think about how are you going to structure your response if the petitioner structures the requests by date maybe it's wise to answer by date if that petition is structured by the type of conduct maybe your reply should also be structured by the type of conduct consider that a judge is going to be reading your response and you want to make sure that paper is as easy to read as possible now that you're writing your response first thing you need to do is expose the lies if the petitioner is making false accusations make sure you bring that to the judges attention now it is not enough usually to simply say that those things are not true you need to create additional record what you can do is look through your emails your phone and text messages you can go to a local police department give police reports and you can have witness statements you have a witness write a declaration but somehow you need to provide the judge with additional information so he or she can make the proper ruling make sure to look for contradictions within the petition sometimes the petitioners give examples of verbal arguments yet on the next page say that you have been physically abusive physical abuse is not the same as a verbal argument and you need to make sure that the judge understands that those are two different things and you need to bring it to the judges attention you need to make sure that the exaggerated statements by the petitioner do not result in a restraining order make sure to look closely at the dates times and places of the alleged abuse I know it sounds simple but you simply cannot be at two places at the same time now petitioners often overlap incidents and if you can show the judge that you were simply not there not present during the abuse the judge needs to know that make sure to expose the petitioners alternative motives now what I mean by that is petitioners sometimes file for restraining orders to get an upper hand in divorce proceedings or custody battles now the restraining orders are not designed to get a leverage or upper hand in those proceedings and you need to make sure the judge knows that those proceedings exist and then the petitioner is just try to get that upper hand if you have text messages where you're being threatened for example that if you don't sign an agreement as it relates to custody of your children then the petitioner will be filing a restraining order then you need to make sure you provide those in your answer do not forget to tell the judge about yourself and focus on the positives now a lot of my clients tend to take the defensive position during the hearing and while writing their answer now equally important is telling the judge about yourself this means how will the restraining order affect your everyday life you might be losing your mutual friends if you're in the military you might be losing a clearance a security clearance you might even be losing your job because a restraining order the judge needs to know that because that's equally important to the allegations themselves you're probably not an attorney I have never dealt with his training orders before but I urge you to make yourself familiar with the law and the legal standards that apply to your situation you need to understand what types of abuse can be covered under the restraining order scheme you also need to know whether the petitioner has met the burden of proof and can she actually get a restraining order now if the petitioner hasn't met the burden you need to make sure to explain that to the judge now that you've prepared for the hearing role your response make sure to gather all the exhibits have cover pages in front of each exhibit and actually cite to those in your response you need to explain to the judge why are you attaching additional documents to your response make it easy to read make sure the judge reads your response you know exactly at what time to turn the page and look at the exhibit gather all the documents go to the courthouse file it with the court then mail it or have somebody serve the documents on the opposing party and don't forget about the court date come on the proper date in the right Department and be ready to respond and before the hearing take a moment to think what the petitioner can add during the hearing it is often that the petitioners add new allegations during the hearing and you need to be ready to respond in that moment I understand that if you are not an attorney it might be difficult to think on your feet that's why it's important to think of these things ahead of time and if this whole process has been very overwhelming for you then hire somebody who has experience dealing with restraining orders and can help you during the hearing and to write your response you