Online Restraining Order Forms For California In Collin
Description
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FAQ
First search online for the county or state's court website to see if they have information on whether or not there's a restraining order open against you. If you cannot access the information online, visit or call your county office and have someone in the office help you conduct the search.
Fill out all required forms Request for Civil Harassment Restraining Orders (form CH-100) Confidential CLETS Information (form CLETS-001) Notice of Court Hearing (form CH-109) Temporary Restraining Order (form CH-110) Civil Case Cover Sheet (form CM-010)
Give your server a copy of your restraining order You will give these papers to the sheriff in the county where the restrained person can be found. You can give these papers to the sheriff electronically or in person.
Obtaining a restraining order is a legal process. However, you don't need a lawyer to obtain a restraining order. To obtain the forms, or for information on agencies that can assist you with this process, go to the Los Angeles County Superior Court website.
To obtain a permanent civil restraining order the Petitioner must prove their allegations to the court with “Clear and Convincing” evidence. Clear and convincing evidence goes far beyond simple declarations.
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.
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, ...
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.
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.
Civil Harassment Restraining Order After Hearing (CLETS-CHO) (CH-130) Tells you that a judge has made a long-term restraining order in your case.
