Temporary Restraining Order Sample Without A Lawyer In Franklin
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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.
A judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days. If the judge believes that a final order of protection should be issued, s/he will grant you an order that can last for as long as s/he determines is necessary.
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.
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.
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.
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.
An order of protection can order someone not to injure, threaten or harass you, your family, or any other people listed in the order. For example, it can order someone to: have no contact with you, your family, household members, or your children, regardless of their age (see: Melanie's Law) move out of your home.
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.”
Go to the courthouse in your county or the county where the abuser lives. Find the office of the Clerk of Court. Tell them that you are there to file a petition for a temporary and permanent protection order.
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.
