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Restraining Order Forms In California In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
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FAQ
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. What if I am under 18? If you are 12 or older, you can ask for a restraining order on your own and without your parent's permission.
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.
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.
A TRO is granted just by asking for it. As soon as you submit the paperwork to the family law clerk at the counter, that paperwork goes ASAP to a judge. If the court is in session, the judge grants the TRO, if not, the judge gets the paperwork the...
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)
Qualifying Criteria for Obtaining a Restraining Order Relationship: You must have a qualifying relationship with the person you are seeking protection from. Acts of Abuse: You need to demonstrate that the person has engaged in acts of harassment, abuse, or violence towards you.
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.
Ask for a Civil Harassment Restraining Order Form NameForm Number Civil Case Cover Sheet CM-010 Declaration OR Attached Declaration MC-030 OR MC-031 Proof of Personal Service CH-200 Civil Harassment Restraining Order After Hearing (CLETS-CHO) CH-1308 more rows
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.
More info
All California courts use the same basic set of forms for civil harassment restraining orders. You can find the most commonly-used forms on this page.Fill out all required forms ; 1. This video explains the service of process in civil harassment restraining order cases and what you need to know about serving court papers. You and your lawyer will file a Request for Order and a Notice of Court Hearing with the court. The forms are different for each type of restraining order. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. Standardized, fillable forms adopted for statewide use in California Superior Courts. You can also find links to forms online on our CA Download Court Forms page. The protective orders on this page are court-approved model forms.