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 Google Docs In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000290
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Word;
Rich Text
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FAQ
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.
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).
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. The plaintiff will be directed to go to the clerks counter to wait for the order.
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
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.
Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.
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.
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.
More info
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.Request a civil harassment restraining order. You will need to fill out at least five forms to ask for a restraining order. Standardized, fillable forms adopted for statewide use in California Superior Courts. Use this form if someone has asked for a domestic violence restraining order against you, and you want to respond in writing. Forms and applications listed here are only a portion of those available. Visit your local MDHHS Office for forms or applications not available online. Website for the United States District Court for the Northern District of California. Can I fill out forms in a PDF file?