Restraining Order Template Without Consent In Riverside
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FAQ
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. The plaintiff will be directed to go to the clerks counter to wait for the order.
Keep in mind that you will generally not be able to remain anonymous when seeking a restraining order, in part because the perpetrator will need to be informed of whom they are restrained from contacting.
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.
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 judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days. If the judge believes that a final order of protection should be issued, s/he will grant you an order that can last for as long as s/he determines is necessary.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
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.
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.
