This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
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.
Can I get an order of protection without the help of an adult? Can I bring a friend or other person with me for support? Do I need to have an attorney? You do not have to have an attorney at the hearing but you may want one, especially if you think the abuser will have a lawyer.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
This should go without saying, but you never have to enter the courtroom without a lawyer by your side. If you cannot afford your own lawyer, the court will appoint one for you.
Why Would a Judge Deny a Restraining Order in California? A judge may deny a petition for a restraining order if they determine that there is insufficient evidence to grant it.
How Long Will a Temporary Order Last? An Ex-parte Protectiveemporary Order will last up to 30 days or until your court hearing. If your court hearing is held in another county or is delayed, the Order can be extended, but this often requires agreement by both parties.
Can I get an order of protection without the help of an adult? Can I bring a friend or other person with me for support? Do I need to have an attorney? You do not have to have an attorney at the hearing but you may want one, especially if you think the abuser will have a lawyer.
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.