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Temporary Restraining Order Sample With No Experience In San Diego
Category:
State:
Multi-State
County:
San Diego
Control #:
US-000299
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Word;
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FAQ
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, ...
An emergency protective order can last only five business days or seven calendar days (whichever is shorter). It is supposed to give you time to go to court to ask for a Domestic Violence Restraining Order, which lasts longer.
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.
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.
The Temporary Restraining Order is valid and in effect until the actual court hearing, which is scheduled three weeks after issuing the TRO. The person obtaining the TRO must have the court papers and TRO served on the other party within five days of the scheduled court hearing.
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).
The TRO will usually last for a few weeks. Then there will be a hearing to decide whether the applicant should get a Permanent Restraining Order. (This order is actually limited to five years.)
More info
Please fill out the appropriate forms packet as completely as possible before coming to court. Civil restraining orders require clear and convincing evidence, whereas domestic violence cases require a preponderance of the evidence.Please enter either the case number or a partial last name of the restrained person to search. A TRO is an order that a court issues which prevents an individual from threatening, harassing, physically abusing, or stalking another individual. If you miss your court hearing for a temporary restraining order in California, the court may dismiss your request for the order due to your absence. This process is free of charge. The clerk will provide a date for your court hearing. Temporary restraining orders are just that, temporary, and a hearing will be set in the near future to determine if a permanent order is appropriate. Convince the court that your spouse will not have to seek protection from you in the future. It is not advised to handle the case yourself.