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Temporary Restraining Order Form Without Notice 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
Temporary Restraining Order. (CLETS-TRO) (Domestic Violence Prevention) DV-110.
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, ...
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.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
An emergency protective order can last only five business days or seven calendar days (whichever is shorter). It is supposed to give you time to go to court to ask for a Domestic Violence Restraining Order, which lasts longer.
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, ...
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 Temporary Restraining Order is valid and in effect until the actual court hearing, which is scheduled three weeks after issuing the TRO. The person obtaining the TRO must have the court papers and TRO served on the other party within five days of the scheduled court hearing.
More info
Temporary Restraining Order (CLETS-TRO). DV-115, Request to Continue Court Hearing and Reissue Temporary Restraining Order.Temporary Restraining Order (form CH-110). You need this form if you are asking for protection right away (if you checked form CH-100, item 7). All California courts use the same basic set of forms for civil harassment restraining orders. You can find the most commonly-used forms on this page. The court may grant ex parte relief without notice to the opposing party. The work hours will vary based on the temporary staffing needs of the Court. Rules of Court, rule 3.1150(a).) "No preliminary injunction shall be granted without notice to the opposing party. " (Code Civ. Proc. §527(a).).