(1) Except as provided in (2), the request for a protective order, notice of hearing, and any temporary restraining order, must be personally served on the respondent at least five days before the hearing, unless the court for good cause orders a shorter time.
Obtaining a restraining order is a legal process. However, you don't need a lawyer to obtain a restraining order. To obtain the forms, or for information on agencies that can assist you with this process, go to the Los Angeles County Superior Court website.
What Are the Three Types of Protection? Emergency Protective Order. Preliminary Protective Order. Final Protective Order. Count on a Diligent Loudoun County Lawyer.
California Domestic Violence Laws. In the State of California, as in many other states, “Restraining Orders” and “Protective Orders” mean exactly the same thing.
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. 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.
California Domestic Violence Laws. In the State of California, as in many other states, “Restraining Orders” and “Protective Orders” mean exactly the same thing.
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
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
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.
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.