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Petition for a Court Order of Protection Adult Missouri Courts Form
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People also ask
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How do I file a motion for a court order?
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
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What information is needed for a protective order?
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
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What to say in court for a restraining order?
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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What is the burden of proof for a restraining order in Missouri?
At the hearing, if the petitioner has proved the allegation of domestic violence, stalking, or sexual assault by a preponderance of the evidence, and the respondent cannot show that his or her actions alleged to constitute abuse were otherwise justified under the law, the court shall issue a full order of protection ...
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What are the grounds for a restraining order in Missouri?
If the judge finds that there is an immediate and present danger of domestic violence, stalking, or sexual assault, an ex parte order of protection will be issued. It is effective when entered and shall remain in effect until there is a valid service of process and a hearing on the petition can be held.
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What is the difference between a restraining order and an ex parte?
Ex parte means that the abuser does not have to be present or given notice of the hearing. This is a preliminary hearing where the judge can grant you a temporary restraining order for 10 days. At this hearing, the judge will read your petition and ask you why you want a temporary restraining order.
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What evidence do you need for a restraining order in Missouri?
You must prove that the abuser committed the act(s) of domestic violence, as defined by the law, which you alleged in your petition. You must also convince the judge that you need protection and the specific things you asked for in the order.
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What is the burden of proof for a restraining order in CT?
The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.
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