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Restraining Order Template Without Notice Alberta In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
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).
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.
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.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
Keep in mind that you will generally not be able to remain anonymous when seeking a restraining order, in part because the perpetrator will need to be informed of whom they are restrained from contacting.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
Regarding the restraining order and your records, restraining orders are typically not considered criminal convictions, but they may show up on background checks depending on the type of check conducted by the employer.
You can apply for a Restraining Order against any person who has made you afraid for your safety through actions such as: personal injury, property damage, or intimidation. failure to provide food, shelter, or medical attention. threats that cause reasonable fear of injury or property damage.
More info
How to file a Restraining Order (Without Notice). Fill in the Restraining Order Without Notice form.Leave the date and Judge's name blank. The document you are trying to load requires Adobe Reader 8 or higher. You may not have the. Fill out the right court forms. If you are asking for a restraining order against a family member, fill out the Application for a Restraining Order. This video explains the service of process in civil harassment restraining order cases and what you need to know about serving court papers. LawHelp Interactive is a website that helps you fill out legal documents for free.