This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
How to serve your Request for Restraining Order Choose your server. If you want someone you know to serve your papers, they must be. Know your deadline to serve. Give your server your court papers. Serving the court papers (instructions for your server) ... Copy and file Proof of Service (form CH-200)
You can't serve your papers yourself. Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers. It's important to have the restrained person served as soon as possible.
For example, your server can leave the papers on the doorstep and say, "These are important legal papers for you." The tenant needs to be there, though, even though they won't take the forms in their hands. Your server can't leave the forms on the doorstep when no one's around.
California Domestic Violence Laws. In the State of California, as in many other states, “Restraining Orders” and “Protective Orders” mean exactly the same thing.
A civil harassment restraining order can provide you with protection right away. Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is.
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.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
Determine What is “Relevant” to Your Case First, determine what is most important to you. Second, organize your declaration. Third, proofread & condense. Know what your audience is focused on. Tell the truth. Anticipate opposing party's response. Advocate for yourself. Use proof to validate your case.
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.