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.
The plaintiff must prove both the qualified domestic relationship and that an act of domestic violence occurred by a "preponderance of the evidence," which means that it is more likely than not or at least 51% more likely it's true than not true.
What Happens After I File a Petition? Code SectionsProtection from Abuse (PFA) Act Type of Orders Temporary Protection Orders (TPO) and Final Protection Order (FPO) Length of TPO Expires after ten (10) days unless extended Length of a FPO FPO is up to (3) years from the date of issuance3 more rows
If you are granted an emergency PFA, your order will expire the next business day. If you want continuing protection, you must go to the courthouse the next business day. A final hearing will be scheduled within ten (10) business days after the Petition is filed and any Temporary Order is issued.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
Once a judge orders an emergency custody order, the child will temporarily go into designated custody. This will happen quickly - whether it be the day of the order of a few days afterwards. The child will remain in designated custody until the date of a full trial. At a full trial, the case will be reviewed again.
HOW LONG DOES THE EMERGENCY PFA ORDER LAST? The ex parte or emergency order lasts until your court hearing, which should be held within fourteen (14) days.
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.
The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
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.