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Temporary Injunction Form For Protection In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Why Would a Judge Deny a Restraining Order in California? A judge may deny a petition for a restraining order if they determine that there is insufficient evidence to grant it.
Temporary Restraining Order (TRO) A temporary restraining order lasts between 20 to 25 days. It is issued when the judge believes you are in immediate danger and you need protection before the court rules hears your case.
Emergency injunctions are legal pleas for the court to take action to preserve the status quo while the legal process is underway. The idea is that unless the court intervenes, irreparable harm will be done.
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, ...
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
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.
Notice of Court Hearing (form CH-109) This form tells you when you need to go to court. You have a court hearing (court date) because the person listed in number 1 has asked for a restraining order against you.
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. What if I am under 18? If you are 12 or older, you can ask for a restraining order on your own and without your parent's permission.
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We can answer questions about your case, help you figure out which forms you need and how to fill them out, and explain different legal options. This video explains the service of process in civil harassment restraining order cases and what you need to know about serving court papers.(1) File your forms in person with the court. (2) It usually takes between 24-48 hours for the judge to make a decision on the temporary restraining order. Civil Section ; Temporary Restraining Orders (harassment, domestic violence, elder abuse). In order to apply for a restraining order, you need to fill and submit a specific set of official California court forms. Follow these quick steps to edit the PDF Restraining order online free of charge. Our editor is super user-friendly and effective. Need to fill out Alameda county restraining order paperwork. Just starting to fill out paperwork.