Sample Restraining Order Form For California In Virginia
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If the person from whom you want protection is a family or household member or a juvenile, or if you are a juvenile, you should go to the juvenile and domestic relations district court. Otherwise, you should go to the general district court. How do I get a Preliminary Protective Order? You must fill out court forms.
What is the Burden of Proof for a Protective Order? In protective order cases, the petitioner holds the burden of proof. Unlike in criminal cases where the petitioner must prove beyond a reasonable doubt, protection order case proofs are based on “preponderance of the evidence.”
For emergency protective orders, the court will also need proof that you or your children are in immediate danger. You or the law enforcement officer may need to give testimony under oath about this probable danger.
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)
If the person from whom you want protection is a family or household member or a juvenile, or if you are a juvenile, you should go to the juvenile and domestic relations district court. Otherwise, you should go to the general district court.
If the restraining order is denied at the hearing after the temporary order expires, the order will be deleted from your record. If the judge establishes a permanent restraining order, it will go on record for the restrained individual.
The victim of the false claim may file a civil lawsuit seeking damages for harm caused by the false allegations. The defendant may be required to compensate the victim for financial losses, emotional distress, and any other damages incurred as a result of the false order.
No matter what happens in the Protective Order hearing, if the judge issues a final order (either a Protective Order or an Order Denying the Protective Order), either party has the right to appeal the decision, as long as they fill out the right form within 10 days. (That is ten calendar days, not ten business days.)
