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How to Write an Affidavit Step 1: Writing the Title of the Affidavit. Step 2: Providing Personal Background Information. Step 3: Opening Sentence in First Person Tense. Step 4: Stating the Facts of the Case. Step 5: Including One Fact Per Paragraph. Step 6: Including Exhibits. Step 7: Confirming the Truth.
A final protective order can be issued only after a court hearing where you and the abuser have the right to be present and to each present your evidence, testimoney, etc. A final order will last up to 1 year, unless otherwise stated.
Emphasize facts, changed circumstances, and the impact of the order on your life. By carefully crafting your written statement, you increase the courts chances of favorably considering your request. Before submitting your statement, have it reviewed by a legal professional familiar with it.
The harasser must be personally served with a copy of your petition and the temporary restraining order, if there is one, as well as notice of the hearing where the judge will decide whether or not to grant you a final civil harassment order.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, its called an ex parte order.
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A declaration is a sworn written statement telling your side of the story about the important issues in the case. The declaration of abuse is the most important part of your request for a domestic violence restraining order. You must be clear and detailed.
Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.

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