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Temporary Restraining Order Form With Court In California
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The TRO will usually last for a few weeks. Then there will be a hearing to decide whether the applicant should get a Permanent Restraining Order. (This order is actually limited to five years.)
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.
Go to court You will tell the judge why you need a restraining order. You can bring witnesses and evidence to support your case. The other side can bring witnesses and evidence, too.
The judge reviews the submitted documents and decides on immediate protection measures. The judge holds an urgent hearing to assess the petitioner's paperwork. The petitioner presents reasons for seeking protection, and the judge decides whether to grant a temporary order to ensure immediate safety.
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, ...
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All California courts use the same basic set of forms for civil harassment restraining orders. You can find the most commonly-used forms on this page.The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. The San Bernardino Superior Court offers you this free online program to fill out the forms to request or respond to a Domestic Violence Restraining Order. General Instructions for Civil Harassment Restraining Orders. No filing fees unless the Temporary Order is denied. See form DV505INFO, How to Ask for a Domestic. Violence Restraining Order. Fill in court name and street address: Superior Court of California, County of. Court fills in case number when form is filed.