Page 43 - 2011 Guide to Family Violence Laws

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38
Order of Protection:
The clerk and the judge will complete this form
after
the judge sees your application and affidavit, and will check the proper
box to indicate whether it is an ex parte order, or an order after a
hearing. In the restraining order form the judge will include his or her
orders to your partner. There is also a section on this form called Order
and Notice of Court Hearing. The clerk will fill out this section of the
form when you first apply for a restraining order. The Order and Notice
of Court Hearing section tells you and your partner when and where the
14 day restraining order hearing will be. The ex parte restraining order
only lasts until the date of the14 day hearing. An order after a 14 day
hearing will usually last for six months.
NOTE: Completed samples of all the forms you will need can be found
on pages 60-67.
2. FILL OUT THE "APPLICATION FOR RELIEF FROM ABUSE" FORM.
Complete the
Application for Relief from Abuse
form as shown in the sample on
pages 60-61. Substitute your information for the information filled in on the
sample.
It is important that the information in the form is complete and accurate. Read
all the instructions you are given carefully, especially the instructions printed
on the form. The form asks for a lot of information and every line is important.
Make sure you understand every section of the form before you complete it.
The sample includes additional information about the form.
3. WRITE A DESCRIPTION OF THE ABUSE ON THE "AFFIDAVIT" FORM.
Complete the form by printing or typing a brief statement describing the
physical injuries or threats of physical injury you have suffered from your
partner. Try to include the date of the injury or threat, whether or not a
weapon was used, whether or not the police were involved, and what medical
treatment you received for your injuries. It is important to include the worst
and most recent injuries.
Describe what your partner did to you and what the result was. The statement
should be brief. It does not have to include every word you said to each other,
the cause of the incident, or every detail. Make sure you include descriptions
of any violence or threat of violence.
Here's an example of a statement:
On February 5, 2011 John punched me several times in the face. I got