Sample Petition For Objection To … Daily Compulsory Imprisonment For Failure To Comply With The Decision To Keep Away From Home
… FAMILY COURT
OBJECTOR : (TR ID NO : )
LEGAL REPRESENTATIVE :
(Legal representatives of the parties, if any
ADDRESS :
(legal representatives of the parties, if any)
SUBJECT : Our objections to the sentence of imprisonment for … days for not complying with the restraining order.
EXPLANATIONS :
1-) The spouse of our client filed a complaint on …/…/…/… date for our client to be removed from the house. Regarding the subject matter, in the … Court’s file numbered … D., a decision was made to suspend our client from home.
The client is a father who always attaches importance to the wishes of his children and is aware of his responsibilities towards his family. The client, who could not remain indifferent to his child’s request for help with his lessons, went to the house where his wife, from whom he was divorcing, was also present. He told his wife that he had come because he was looking for his child and that they would study together. His wife accepted this situation and allowed her father to come to the joint residence to help the joint child with his lessons. The client taught his child for 1-2 hours and then left the joint residence without causing any incident. Despite this, he learned that the plaintiff had filed this lawsuit against him for no apparent reason.
3-) It is obvious that this lawsuit against the client, who came to the joint residence with his knowledge and studied with his joint children, is malicious. Due to the case at hand, the client was sentenced to … days of forced imprisonment. The client has NO INTENT TO COMMIT A CRIME, he has violated the suspension order only to study with his child within the knowledge of his spouse.
5-) For the reasons we have explained above, although the client seems to have acted contrary to the suspension order, it is clear that he did this with the knowledge of his wife and at the request of his child, and it is clear that he did not have criminal intent. Considering today’s covid-19 epidemic conditions, the health and hygiene conditions of the prison environment, it is obvious that the sentence of … day forced confinement is quite severe for the client.
LEGAL GROUNDS : 6284 S. K. art. 8, 13.
LEGAL EVIDENCES : 1- … Court’s file numbered …d.
2- Family population records
3- Message transcripts
4- Witness list showing the names and addresses of the witnesses and the subjects they will testify about
5-…Court’s decision numbered …/… E. …/… K.
CONCLUSION AND REQUEST : For the reasons explained in detail above and to be taken into consideration ex officio, we request that the … … day compulsory imprisonment sentence imposed on the client with the judgment of the Court numbered … E- … K. be annulled
Appellant’s Attorney
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