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.
Sample Restraining Order Form For Texas In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000290
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Word;
Rich Text
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FAQ
In most cases, a Protective Order will last up to 2 years. There are some situations where a court can issue an order that lasts longer than 2 years. Although you may file these forms without having a lawyer, you are encouraged to get a lawyer to help you in this process.
A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.
If you are seeking a family violence Protective Order, the law requires that you prove family violence has occurred and family violence is likely to occur in the future. If you are seeking a stalking Protective Order, the law requires that you prove that there are reasonable grounds that you are the victim of stalking.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
Requirements for a protective order for domestic violence to be issued include establishing that family violence has occurred and is likely to occur again without such an order. The burden of proof for this involves what's known as a “preponderance of evidence” favoring the accuser.
I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us, as a family, a second opportunity.
More info
This packet contains forms and instructions to request a protective order. The deadline for the creation and posting of the forms on the OCA website is June 1, 2024 (SB 48, Section 9).Reason(s) for Protective Order: (Mark all that apply). The Respondent committed family violence, dating violence, or child abuse. Fill out a Protective Order before you go to court and bring it with you. All California courts use the same basic set of forms for civil harassment restraining orders. You can find the most commonly-used forms on this page. Veterans Benefits Administration provides financial and other forms of assistance to veterans and their dependents. A fraternal financial services organization built to help families throughout life. Protecting families.