This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary Restraining Order Requirements In California
Instant download
Description
Free preview
Form popularity
FAQ
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.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
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 TRO Process 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.
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 significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
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.
More info
A civil harassment restraining order can provide you with protection right away. The law requires that the abuser be given formal notice that you have filed for a restraining order.Multiple Restraining Orders. Hello there…not sure what county you are in. It is designed to protect victims of harassment, abuse, or violence. A person may file a domestic violence temporary restraining order against you if you have threatened to abuse or have abused them. To ensure that you obtain the protection you need, consult an experienced lawyer who can guide you through the process. Was the abuser involved in any crime or is there a police report, related to the abuse being done to you ? In Los Angeles and many courts in California, temporary restraining order requests are handled the same day they are filed. You can begin the process of filing a domestic violence restraining order.