To get a domestic relationship PPO, you must show the judge that the abuser is likely to assault, threaten, harass, or stalk you. You must also show that you and the abuser have a domestic relationship. You have a domestic relationship with the abuser if they are: Your current or ex-spouse.
The burden of proof for a restraining order in California is a preponderance of the evidence in a case involving domestic violence and clear and convincing evidence for a civil harassment lawsuit.
Fighting a Restraining Order To challenge the order, you must present strong evidence in court, such as witness statements, text messages, or inconsistencies in the accuser's claims. A skilled Oakland domestic violence lawyer can help you argue that the restraining order is unwarranted and advocate for its dismissal.
The burden of proof for a restraining order in California is a preponderance of the evidence in a case involving domestic violence and clear and convincing evidence for a civil harassment lawsuit.
If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioner's case.
Fill out all required forms Request for Civil Harassment Restraining Orders (form CH-100) Confidential CLETS Information (form CLETS-001) Notice of Court Hearing (form CH-109) Temporary Restraining Order (form CH-110) Civil Case Cover Sheet (form CM-010)