Temporary Restraining Order Form For Child Custody In Contra Costa
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If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
How to respond to a request for a restraining order Fill out the Response form (CH-120) Fill out the form, called the Response to Request for Civil Harassment Restraining Orders (form CH-120) ... Make copies of your forms. After you've filled out and signed the Response, form CH-120, make two copies. File your forms.
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.
Generally, temporary child custody is designed to last until a court can make a more informed decision about the child's long-term living arrangements based on the child's best interests.
Your plan should have a temporary custody schedule that shows where your child lives and when your child spends time with the nonresidential parent. Your schedule should contain everything in a permanent custody schedule and show your child's daily living schedule, holidays, and vacation time.
Parent-to-Parent Orders of Protection do not impact Child Custody. In many cases, one parent files an Order of Protection against the other parent. Joint custody in this situation remains possible.