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Temporary Restraining Order Sample Without A Lawyer In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000299
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Word;
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FAQ
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, ...
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.
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.
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.
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.
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 Temporary Restraining Order is valid and in effect until the actual court hearing, which is scheduled three weeks after issuing the TRO. The person obtaining the TRO must have the court papers and TRO served on the other party within five days of the scheduled court hearing.
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We help people who need legal information but don't have a lawyer. Provisions that do not conflict with the most recent civil restraining order must be enforced.(The clerk will fill out this part.) Clerk's Certificate. This video explains the service of process in civil harassment restraining order cases and what you need to know about serving court papers. This article explains how to file a DVRO in Alameda County. You can file your papers in person at the following three courthouses. Need to fill out Alameda county restraining order paperwork. Just starting to fill out paperwork. Appointments should generally be made at least 24 hours in advance. In order to apply for a restraining order, you need to fill and submit a specific set of official California court forms.