Restraining Order Template With Child Involved In Contra Costa
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Juvenile Protective Orders can be issued after a Petition has been filed in either Juvenile Dependency or Delinquency proceedings and prior to the time that the Petition is dismissed or the dependency or wardship is dismissed. The order can last up to three years.
This order is designed to protect a child from abuse or neglect for a longer period of time than the ex parte order. A protective order can be issued after a hearing in front of a judge in which both parties have the opportunity to tell their sides of the story.
Evidence from the person seeking the order can take different forms: Witness Testimony: Statements from people who witnessed abusive behavior. Photographic Evidence: Photos of injuries caused by violence, with timestamps. Text Messages or Emails: Messages with threatening language or detailing abuse.
If you are the custodial parent, guardian, or legal custodian of the minor against whom you are trying to file, you cannot file a petition for civil protection against the minor.
An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
The victim will state the facts that explain what happened and why he or she is in immediate need of protection. Temporary Orders are usually issued, prohibiting the other party from contacting the victim, and a hearing for a longer-term Order of Protection will be set for 15 days after the issuance.
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.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.