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Restraining Order Forms In California In Cuyahoga
Category:
State:
Multi-State
County:
Cuyahoga
Control #:
US-000299
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Word;
Rich Text
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FAQ
California Domestic Violence Laws. In the State of California, as in many other states, “Restraining Orders” and “Protective Orders” mean exactly the same thing.
To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in California, prison staff, not the sheriff, will serve your papers.
Substituted service The server tries to serve the papers in person several times (usually 3 or more) but can't find the person. They try at different times when the person might be home or at work. If the server can't find them, they can leave the papers with another adult at the person's home or work.
Restraining orders Which type you can ask for. Description of all types of restraining orders. Domestic violence. Civil harassment. Elder or dependent adult. Workplace violence. Gun violence. School violence. Emergency and criminal protective orders.
A civil harassment restraining order can provide you with protection right away. 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.
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. 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.
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.”
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.
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, ...
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.