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Get CA CH-120 2023-2024
CH-120 Response to Request for Civil Harassment Restraining Orders Clerk stamps date here when form is filed. Use this form to respond to the Request (form CH-100) Read How Can I Respond to a.
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FAQ
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Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
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“Any intentional and knowing violation of a protective order is a misdemeanor offense that is punishable by up to one year in a county jail, and fine up to $1,000, or both jail and a fine.
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California Restraining Order Violation Penalties If convicted of violating a protective order a second time, it can either be charged as a misdemeanor or felony, which includes anywhere from probation and as much as one year in jail, to three years in a state prison and maximum fine as much as $10,000.
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Restraining orders are not criminal charges, and they appear on your civil record, not your criminal record. However, you could also be charged with criminal offenses such as domestic violence or assault in conjunction with a restraining order.
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In addition to the relationship between the parties, one of the distinguishing features of civil harassment restraining orders is the high burden of proof that the petitioner must meet for an order to issue after the hearing. The petitioner must prove all the elements of harassment by clear and convincing evidence.
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Does A Restraining Order Show Up In A Record Check? Yes, in most situations. Most restraining orders are "CLETS Orders". This means they are entered into the California criminal database, known as CLETS, "California Law Enforcement Telecommunications System", often called a "rap sheet".
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Now that you have a restraining order, you may need to enforce it if the restrained person violates the order. Enforce usually means to call the police to report a violation. The restrained person can go to jail or pay a fine if convicted of violating your restraining order.
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You can't violate the order that is against the other person. If you call or go to see them because you need to talk about the kids or something else, you are not violating the Order. But if the order says they can't contact you and they do so anyway, then they are violating the order.
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