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Restraining Order Form Printable Form California In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-000299
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Word;
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FAQ
Restraining orders require some sort of threatening behavior which has affected the protected party or by which there's reasonable cause to believe the protected party may be affected. Domestic violence orders tend to include showings of emotional, psychological, and/or physical abuse.
Obtaining a restraining order is a legal process. However, you don't need a lawyer to obtain a restraining order. To obtain the forms, or for information on agencies that can assist you with this process, go to the Los Angeles County Superior Court website.
Fill out all required forms Request for Civil Harassment Restraining Orders (form CH-100) Confidential CLETS Information (form CLETS-001) Notice of Court Hearing (form CH-109) Temporary Restraining Order (form CH-110) Civil Case Cover Sheet (form CM-010)
To obtain a permanent civil restraining order the Petitioner must prove their allegations to the court with “Clear and Convincing” evidence. Clear and convincing evidence goes far beyond simple declarations.
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.
Notice of Court Hearing (CH-109) Tells you when your court date is and whether the judge granted a temporary restraining order in your case.
Temporary Restraining Order. (CLETS-TRO) (Domestic Violence Prevention) DV-110.
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.
This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner. The court will not entertain a simple exchange of allegations. The petitioner must provide specific acts of harassment, threats or physical harm as evidence.
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.