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Temporary Restraining Order Form For California In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
For a person to obtain a TRO, that person must go to court and fill out the required paperwork explaining to the judge what occurred and why that person needs a restraining order. This person can ask the judge to issue a Temporary Restraining Order without notifying the other party.
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)
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.
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, ...
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
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.
Go to court You will tell the judge why you need a restraining order. You can bring witnesses and evidence to support your case. The other side can bring witnesses and evidence, too.
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.
More info
The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. 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. Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of. Filing the Petition: You must file a request for a restraining order at the Superior Court of California in Orange County. An application for a TRO or an OSC must state whether there has been any previous application for similar relief and the outcome of any such application. How Do I Ask For a Temporary Restraining Order? You must first go to court to apply for the restraining order, and you will be given a date where you have to come back for a full hearing. Step 1 - Get the request (application).