Temporary Restraining Order Form With Envelope Attached In Montgomery
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FAQ
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.
In such cases, the court may determine that the welfare of the incapacitated person necessitates immediate intervention. This allows the court to appoint a temporary guardian with the powers of a general guardian for a period not exceeding six months.
In California, either party can appeal a judge's decision to grant or deny a restraining order. In filing an appeal, you are asking a higher court to review the court's ruling.
The initial temporary protection order will be good for only 14 days. The court can extend the order or change it. The final PFA order issued after the hearing will be good only for one (1) year unless the court orders a different length of time.
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).
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.
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.
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.
