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Temporary Restraining Order Example In Oakland
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Multi-State
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Oakland
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US-000299
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FAQ
Examples may include demolishing personal items in a home, damaging automobiles, or other undesired behavior/actions in a family law case. In a restraining order, you may be ordered to do the following: Not contact the protected person through calls, text, or e-mail.
You must be clear and detailed. At the same time, you need to stay on topic, because the judge does not have a lot of time to read the declaration. You should describe the abuse in detail:Describe all abuse, either toward you or another person you want protected.
Evidence for a Temporary Restraining Order In California, the threshold for obtaining a TRO is quite low, and the accused, referred to as the respondent, is often not even present to raise a defense. To obtain a TRO, the petitioner must typically only submit sworn statements detailing the alleged abuse 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.
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, ...
If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioner's case.
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.
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).
A temporary stalking personal protection order will generally last for at least 182 days, approximately six months, unless the respondent request a hearing and, at that hearing, the judge shortens or dismisses the order.
At the hearing. Both parties will have the opportunity to present their case. It is crucial to bringMoreAt the hearing. Both parties will have the opportunity to present their case. It is crucial to bring any evidence or witnesses that support your claim. If the judge is convinced.