Use These Three Measures To Get Your Restraining Order
As usual with family court petitions, the mere fact of filing for a restraining order doesn't mean that it will be granted. The judge has to consider the circumstances to determine whether it is necessary. As the petitioner, it is in your best interest to ensure employ measures that increase the chances of your petition's success. Here are three examples of such measures:
Focus on Violence and Threats
There is a common mistake many petitioners make – dwelling on irrelevant the wrongdoings of the abuser. You may be tempted to detail how he or she has cheated on you, has neglected his or her kids or is financially responsible. However bad such things may be, they don't give the judge the authority to restrict your abuser's freedom, which is what you are asking with a restraining order.
The main purpose of a restraining order is to prevent the defendant from harming you. Therefore, the court is just interested on indications of violence from the defendant of the restraining order. The most common indications of violence are past violence and threats of future violence. Therefore, focus on these things if you wish to convince the court of the reality of the threats you are facing.
Talk About the Most Recent Incidences
To show that the abuser has not changed his or her ways, it's helpful to talk about the most recent incident. That way the court will know that you aren't just getting payback for what he or she did several years or months ago. It's also helpful to be as detailed, accurate and graphic as possible when describing these incidences. This means mentioning the exact dates, words and weapons used. For example, merely saying that he or she threatened to harm you is not enough; say that he or she threatened to break your arm if that is the case.
Mention Criminal History
While the focus of order should be on violence and threats of violence, it doesn't hurt to say a little on your abuser's criminal record if he or she has any. This is particularly important if the said crimes involved acts of violence such as sexual assault, vandalism, and battery, among others. This will show the judge that abuser is capable of carrying out his or her threats. It will also show that he or she has no fear of authority and may not abandon his or her violent acts if left off with a mere warning.
Contact a company such as Stephen J Weisbrod Esq Law to learn more.
