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 With Attorney In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-000290
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Word;
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FAQ
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
Ask for a Civil Harassment Restraining Order Form NameForm Number Civil Case Cover Sheet CM-010 Declaration OR Attached Declaration MC-030 OR MC-031 Proof of Personal Service CH-200 Civil Harassment Restraining Order After Hearing (CLETS-CHO) CH-1308 more rows
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.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
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).
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.
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)
Request For Civil Harassment Restraining Orders (CH-100) Ask the judge for a restraining order and tell the judge why you need one. Get form CH-100.
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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.You and your lawyer will file a Request for Order and a Notice of Court Hearing with the court. The forms are different for each type of restraining order. This video explains the service of process in civil harassment restraining order cases and what you need to know about serving court papers. Use this form if someone has asked for a domestic violence restraining order against you, and you want to respond in writing. What forms should i fill out if someone takes out a restraining order on me? Complete the forms below to request a Non-Domestic Stalking Personal Protection Order (PPO). The petition that you file for an order of protection is called a "family offense petition. " Carefully fill out the petition.