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Restraining Order Template With Example In California
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Domestic Violence Restraining Order (DVRO) A Domestic Violence Restraining Order is one of the most common types of restraining orders.
California Code, Code of Civil Procedure - CCP § 527.6. (a)(1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section.
The restraining order process for civil harassment cases Ask for a restraining order. You will complete and turn in court papers. Serve the other side. The other side (person you want protection from) must be served with (given) the court papers filed with the court. Go to court. Finish the case.
After having a court hearing, a judge can grant you a “restraining order after hearing” that can last up to five years.
Domestic Violence Restraining Order (DVRO) A Domestic Violence Restraining Order is one of the most common types of restraining orders.
Restraining orders require some sort of threatening behavior which has affected the protected party or by which there's reasonable cause to believe the protected party may be affected. Domestic violence orders tend to include showings of emotional, psychological, and/or physical abuse.
A stalking protection order can be used to protect anyone who's been a victim of stalking. The order can prohibit the stalker from doing certain things, including: going to locations where you live or visit often.
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
You must be clear and detailed. At the same time, you need to stay on topic, because the judge does not have a lot of time to read the declaration. You should describe the abuse in detail:Describe all abuse, either toward you or another person you want protected.
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.