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Motion For Issuance Of Temporary Restraining Order Sample In California
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If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioner's case.
The protected party must demonstrate it is more probable than not there is a sufficient risk of future abuse to find the protected party's apprehension is genuine and reasonable. If the protected party can meet their burden of proof, the restrained party will have to show there is no reasonable apprehension.
The short answer is yes. Restraining orders in California do go on your record. However, the extent to which a restraining order affects your record depends on several factors, including the type of restraining order, the specifics of the case, and whether you violate the order.
The burden of proof for a restraining order in California is a preponderance of the evidence in a case involving domestic violence and clear and convincing evidence for a civil harassment lawsuit.
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, ...
Evidence for a Temporary Restraining Order In California, the threshold for obtaining a TRO is quite low, and the accused, referred to as the respondent, is often not even present to raise a defense. To obtain a TRO, the petitioner must typically only submit sworn statements detailing the alleged abuse or harassment.
Fighting a Restraining Order To challenge the order, you must present strong evidence in court, such as witness statements, text messages, or inconsistencies in the accuser's claims. A skilled Oakland domestic violence lawyer can help you argue that the restraining order is unwarranted and advocate for its dismissal.
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.
If you are in court, the deputy will give you a copy of the Protective Order. If you are not in court when the judge makes the order, then get a copy from the prosecutor's office. KEEP A CERTIFIED COPY OF THIS ORDER WITH YOU AT ALL TIMES in case you need to show it to a Law Enforcement Officer.