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Temporary Restraining Order Form For California In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000299
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Word;
Rich Text
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FAQ
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, ...
For a person to obtain a TRO, that person must go to court and fill out the required paperwork explaining to the judge what occurred and why that person needs a restraining order. This person can ask the judge to issue a Temporary Restraining Order without notifying the other party.
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.
Notice of Court Hearing (CH-109) Tells you when your court date is and whether the judge granted a temporary restraining order in your case.
Temporary Restraining Order. (CLETS-TRO) (Domestic Violence Prevention) DV-110.
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.
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.
The judge reviews the submitted documents and decides on immediate protection measures. The judge holds an urgent hearing to assess the petitioner's paperwork. The petitioner presents reasons for seeking protection, and the judge decides whether to grant a temporary order to ensure immediate safety.
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.)
More info
Temporary Restraining Order (CLETS-TRO). DV-115, Request to Continue Court Hearing and Reissue Temporary Restraining Order.Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of. Temporary Restraining Order (CLETS-TCH) (CH-110). Tells you what restraining orders the court granted temporarily. How do I file my forms? California Rules of Civil Procedure - Application for Temporary Restraining Order Contra Costa - Superior Court of California - Local and Federal Court Rules The following forms are mandatory for applying for a Domestic Violence Restraining Order, unless specified as optional below. The process involves filing a set of standard court forms, attending a hearing, and presenting evidence to support the request for the order.