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.
To summarize, you must meet certain legal qualifications to qualify for a restraining order. For a 50B Domestic Violence Protective Order, there must be: A personal relationship between the aggressor and the victim. Past instances of domestic violence (which can include physical or sexual abuse, threats, etc.)
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.
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.
How to File a Restraining Order Go to the Courthouse and Obtain the Forms You Need. Complete the Complaint in Detail - Sign When You are Before a Notary Public or Clerk of Court. Fill out the Summons and Help the Sheriff's Office Identify Your Abuser. Attend the Hearing. Extend or Renew the Order (If Needed)
A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
The law provides for a judge to give a DVPO if the defendant intentionally committed one of the following acts against the plaintiff or a child in the plaintiff's custody: Causing or attempting to cause physical injury. Placing in fear of “imminent serious bodily injury” (for instance, by pointing a gun).
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
You will need to fill out form AOC-CV-520, which is a Complaint for No-Contact Order for Stalking or Nonconsensual Sexual Contact, located here. In addition, you will need form AOC-CV-521. Although you can access these online, your local clerk's office should also have copies for you to fill out there as well.