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 Washington
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Multi-State
Control #:
US-000290
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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
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)
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.”
At the final hearing, the burden is on the petitioner to prove by a preponderance of the evidence that facts satisfy whichever statute they are seeking protection under. The petitioner gets to present his or her evidence to the court (testimony, declarations, sworn reports) and then the respondent gets to do the same.
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
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.
To prevail, you'll need to prove that the person “seriously alarmed, annoyed or harassed” you, that the actions were detrimental to you and served no legitimate purpose, and that you suffered “substantial” emotional distress.
You can file an appeal within 30 DAYS after entry of the order. You have the right to a transcript or recording of the hearing. If new evidence would support issuing a protection order, you can refile a petition for a protection order at any time.
A protection order is a type of "restraining order" that you, (the petitioner), can file against another person, (the respondent), who is committing harm. It is a civil court order (that you can request), issued by a judge, meant to protect you from another person committing harm against you.
More info
All California courts use the same basic set of forms for civil harassment restraining orders. You can find the most commonly-used forms on this page.You can ask the court for a Restraining Order. You can also ask the court to prohibit weapons and to order your spouse or ex-spouse to surrender weapons. Ask for all the forms that you will need to file for a domestic violence restraining order. A temporary order means a hearing is held first, with notice to the other party, and the order can stay in effect until your dissolution case is finalized. Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-100). Self-help court forms and instructions on LawHelp Interactive to file for a protection order. Domestic Violence Protection Order petitions can be filed with the Clerk of Superior Court (930 Tacoma Ave. Use this form to ask the court to shield court records in a protective order case.