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Sample Restraining Order Form With Court In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000290
Format:
Word;
Rich Text
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FAQ
At the hearing you must explain to the judge under oath what happened. You will want to describe each event of harassment to the best of your memory, what your harasser did and said, what emotions s/he was displaying, and how you felt and responded. You can also bring witnesses who saw or heard the harassment.
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.”
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 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.
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.
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
Civil Harassment Restraining Order After Hearing (CLETS-CHO) (CH-130) Tells you that a judge has made a long-term restraining order in your case.
Temporary Restraining Order. (CLETS-TRO) (Domestic Violence Prevention) DV-110.
This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner. The court will not entertain a simple exchange of allegations. The petitioner must provide specific acts of harassment, threats or physical harm as evidence.
More info
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. There are samples of Domestic Violence and Civil Harassment forms posted on the wall outside the Center.Who can fill out the forms? The forms can be obtained at your local Superior Court, or you can fill them online here and download a PDF copy. Civil Harassment Orders can be picked up from the Clerk's Office (2nd Floor) from pm – pm. If filed before 10 am, same day pick up. The protective orders on this page are court-approved model forms. Temporary Restraining Orders (TROs) take approximately 60 minutes to process. Please plan on arriving no later than PM to ensure same-day issuance. Civil Harassment Restraining Order forms may be generated using this CHRO interview link.