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Temporary Injunction Form With Motion In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000299
Format:
Word;
Rich Text
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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.
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
Prove workplace sexual harassment by documenting each incident with dates, times, locations, and detailed descriptions. Include relevant conversations, witness testimonies, and physical evidence like emails or voicemails. Report the harassment to your employer promptly and state that the behavior is unwelcome.
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
But the “clear and convincing evidence” standard of proof, the middle ground of certainty between the “beyond a reasonable doubt” standard and the “preponderance of the evidence” standard, applies in civil harassment restraining order applications.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
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.
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.
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.
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Find out when your papers will be ready to pick up. If you asked for a temporary restraining order, the judge may be able to review your request that same day.Motion forms must be submitted through eFiling. Please click here to learn more about eFiling. Before a full restraining order is granted, courts in Oakland typically grant temporary restraining orders until both parties can have their say in court. Civil Section ; Temporary Restraining Orders (harassment, domestic violence, elder abuse). A court may issue automatic temporary injunctions early in your case. A motion is a formal request, made in writing, asking the court for a specific action. The written motion must be filed with the Oakland County Clerk's Office. Use this form if someone has asked for a domestic violence restraining order against you, and you want to respond in writing.