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.
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.
Restraining orders can last no longer than five years. Three years is not an uncommon length of time. Some orders are measured in terms of months, if the facts justify it.
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, ...
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 Superior Court of Contra Costa implemented its E-filing system in 2022. They selected Odyssey Case Manager from Tyler Technologies, a software solution in use by 29 of the 58 courts in the state.
Duration of a TRO A TRO typically lasts for 20 days in the Regional Trial Court and 72 hours for an ex parte TRO issued without notifying the opposing party. Within this period, a court hearing will be set to determine whether a preliminary injunction, a longer-lasting remedy, should be issued.
A TRO is only granted when: The moving party will probably eventually win the case (“likelihood of success on the merits”), and. The relative interim harm to the moving party if the TRO is denied outweighs that to the opposing party if the TRO is granted.
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.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
The Superior Court of Contra Costa implemented its E-filing system in 2022. They selected Odyssey Case Manager from Tyler Technologies, a software solution in use by 29 of the 58 courts in the state.
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.