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.
Final Judgment Of Injunction For Protection In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000299
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Word;
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FAQ
A restraining order issued in California may sometimes appear on your background check. The simple answer is yes. California restraining orders will go on your record.
You can vacate, dismiss, dissolve, modify or change an order of protection against domestic violence, injunction or restraining order, sometimes also called a stay-away order.
Using an injunction carries disadvantages as well. For one, courts generally use injunctions only to prevent a party from doing something. Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something.
Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability. See, e.g., Roe v. Wade 410 US 113 (1973).
As such, an injunctive relief will be overturned if the appellate court finds that the trial court issued the relief based on an misapplication of the law or an erroneous factual finding. Injunctive relief is generally only granted in extreme circumstances.
Can a victim violate a restraining order? Victims named as the “protected person” in a restraining will not get into legal trouble for contacting the “restrained person” against whom the order was taken out. Only the restrained person faces arrest and criminal charges for violating the restraining order.
What Happens If the Victim Violates the Order of Protection? If a victim violates his/her own order of protection, the victim generally cannot be arrested. This is because the victim is not the subject of the restraining order and hence cannot be restrained.
You may need to file a motion to vacate or modify the Permanent Injunction You can also attach evidence to the motion. You'd file a motion with the court and serve it upon the petitioner. The judge will set a date for a hearing.
Here are some key defenses you can use to contest a restraining order in court. Claim False Allegations. If you can demonstrate that the claims made against you are fabricated or exaggerated, you could counter the order. Claim a Lack of Evidence. Present Counter Evidence. Claim Misunderstandings or Miscommunications.
Restraining Order After Hearing (Order of Protection) (CLETS—OAH) (DV-130) Tells you that a judge has made a long-term restraining order in your case. Get form DV-130.