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Form domestic violence FAQ
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.
You will tell the judge why you need a restraining order. You can bring witnesses and evidence to support your case. The other side can bring witnesses and evidence, too.
To grant the DVRO the judge must find by a “preponderance of the evidence” that there are grounds to grant the restraining order. In simple terms, the judge must find at least 51% of the evidence weighs towards granting the order. So be prepared to present whatever evidence you have to support your case.
Forms to complete: Civil Case Cover Sheet (Form CM-010 ) Declaration in Support of Ex Parte Application for Civil Restraining Orders (Local form CV-5014 ) Notice of Court Hearing (Civil Harassment Prevention) (Form CH-109 ) Temporary Restraining Order (CLETS-TCH) (Form CH-110 )
If you are not alleging violence, stalking or threats of violence or if you did not ask for a fee waiver, you will need to pay $435-$450 to the clerk when you file your forms.
During the hearing, the judge will hears from both parties, and decide whether to extend the restraining order for 5 years. The judge extends a restraining order by signing form DV-130-'Restraining Order after Hearing'.
What a Restraining Order Restrains Have no contact with the person requesting the order, their relatives, anyone they live with or even their pets. Move out of the requesting person's house (even if they live together) Stay away from the requesting person's home, work or school. Follow child custody and visitation orders.
There are three primary ways to find restraining orders: Go to the courthouse and request to look at the paper records. Go to the courthouse and request to look at the electronic records. Use remote access to find the court case documents online if your court offers this method.
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