Restraining Order Template Without Consent In Fairfax
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The four most common types of protective orders are: Domestic Violence Protection Order. Restraining Order. No Contact Order. Anti-Harassment.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
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. The plaintiff will be directed to go to the clerks counter to wait for the order.
For emergency protective orders, the court will also need proof that you or your children are in immediate danger. You or the law enforcement officer may need to give testimony under oath about this probable danger.
You can sue anyone for anything, but to win you'll need significantly more than an allegation that they filed a restraining order that was not made permanent. Your most likely claim would be abuse of process and that would require proof that the case was filed for an improper purpose.
What is the Burden of Proof for a Protective Order? In protective order cases, the petitioner holds the burden of proof. Unlike in criminal cases where the petitioner must prove beyond a reasonable doubt, protection order case proofs are based on “preponderance of the evidence.”
Under California law, if your wife obtains a restraining order against you, you will be officially served with the order. This means that a process server, sheriff, or other authorized individual will deliver the documents to you in person.
