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Temporary Restraining Order Sample Without A Lawyer 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
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.
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.
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.
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 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.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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.
More info
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).Temporary Restraining Order (CLETS-TRO). DV-115, Request to Continue Court Hearing and Reissue Temporary Restraining Order. Temporary Restraining Order and Notice of Hearing (form DV-110). ○ Request for Order (form DV-100). Checklist of Forms Required to File For or To Defend Against a Domestic Violence Restraining Order In Contra Costa County. The process involves filing a set of standard court forms, attending a hearing, and presenting evidence to support the request for the order. To obtain a restraining order contact the Contra Costa Superior Court Office at . How do I file my forms?