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Sample Restraining Order Form For California In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000290
Format:
Word;
Rich Text
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FAQ
If you are in court, the deputy will give you a copy of the Protective Order. If you are not in court when the judge makes the order, then get a copy from the prosecutor's office. KEEP A CERTIFIED COPY OF THIS ORDER WITH YOU AT ALL TIMES in case you need to show it to a Law Enforcement Officer.
Qualifying Criteria for Obtaining a Restraining Order Relationship: You must have a qualifying relationship with the person you are seeking protection from. Acts of Abuse: You need to demonstrate that the person has engaged in acts of harassment, abuse, or violence towards you.
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).
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
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)
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. What if I am under 18? If you are 12 or older, you can ask for a restraining order on your own and without your parent's permission.
The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
What Kind Of Proof Is Required To Obtain A Restraining Order? The standard of proof in criminal matters (“proof beyond a reasonable doubt”) does not apply in the case of domestic violence restraining orders, where the “preponderance of the evidence” standard of proof applies.
Why Would a Judge Deny a Restraining Order in California? A judge may deny a petition for a restraining order if they determine that there is insufficient evidence to grant it.
More info
Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. Restraining Order forms may be reviewed at the Restraining Order Help Center located on the first floor of 201 N. First Street, San Jose, CA 95113.The forms can be obtained at your local Superior Court, or you can fill them online here and download a PDF copy. There is no fee to file an Elder Abuse Restraining Order. All forms must be neatly and legibly printed in blue or black ink or typed. The protective orders on this page are court-approved model forms. Obtain and fill out forms GV-110, GV-109, CLETS-001, and GV-100 (also used for the final GVRO). CCD–4F. Application for Right to Attach. Order, Temporary Protective. Use Odyssey eFileCA to easily open court cases and e-file documents anytime and from anywhere — 24 hours a day, seven days a week, 365 days a year.