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 For California In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000290
Format:
Word;
Rich Text
Instant download
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FAQ
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).
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.
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.
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.
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 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.
If your server is someone you know or a process server, give your server one of these forms: Form DV-200 if your restraining order is going to be served in person, or. Form DV-250 if your restraining order is going to be served by mail.
More info
Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. The County of Santa Clara Sheriff's Office can attempt to serve a variety of Restraining Orders on your behalf.Most of which can be done free of charge. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. Use our library of forms to quickly fill and sign your The Superior Court of California, County of Santa Clara forms online. Forms needed to file a domestic violence restraining order without children. Form number, form name, download it from. This document provides a sample ex parte request for orders in the Superior Court of California, County of Santa Clara. The San Bernardino Superior Court offers you this free online program to fill out the forms to request or respond to a Domestic Violence Restraining Order. You will be required to download the forms to be submitted.