Petition for Order of Protection - Adult (AA40) 2025

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  1. Click ‘Get Form’ to open the Petition for Order of Protection - Adult (AA40) in our editor.
  2. Begin by filling in your personal information as the Petitioner, including your name, address, and contact details. Ensure accuracy to avoid delays.
  3. Next, provide detailed information about the Respondent. This includes their name, address, physical characteristics, and relationship to you. This section is crucial for identification purposes.
  4. In the section regarding the incident of domestic violence or stalking, clearly describe where and when it occurred. Be specific to strengthen your case.
  5. If applicable, check the boxes that relate to custody arrangements for any children involved. Specify who they have resided with and your requests regarding custody.
  6. Finally, review all sections carefully before submitting. Use our platform’s features to save your progress and ensure everything is complete.

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At the end of the hearing, the Judge will decide if the Petitioner proved that you committed a Family Offense against the Petitioner by a preponderance of the evidence. This standard means that the Petitioner has to prove that it is more likely than not that you committed an offense.
The structure of the New York civil justice system places the burden of proof in a personal injury case on the victim, or plaintiff. This means it is the plaintiffs burden or his or her attorneys to prove to a judge or jury that the defendant was at fault for the accident or injuries.
Gather Evidence for New York Courts Criminal Case. Photos. Record of 911 Calls. Medical Records. Police Report. Testimony from Witness.
Order of Protection: This is considered a civil law case, and the victim has to give some evidence and generally the burden is low and the victim must establish preponderance of the evidence of a past act or acts of abuse. In a civil case, the judge assesses whether the claims made by the accuser are more likely
Your Counter-Petition for an Order of Protection is a very serious Court action to restrain the actions of another person. The information you provide must be honest and truthful.

People also ask

The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute.
An ex parte order generally will be valid until your court hearing for a full order of protection, which usually takes place within 15 days. If you desire, you can receive a notification when the ex parte order is served on the abuser. Ask the clerk for information on how to get this notification.

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