This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Motion For Issuance Of Temporary Restraining Order Sample In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000299
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Word;
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FAQ
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.
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.
Ex parte means that the abuser does not have to be present or given notice of the hearing. This is a preliminary hearing where the judge can grant you a temporary restraining order for 10 days.
A preliminary injunction is temporary relief that preserves the status quo until the courts decide on the merits of the case. The relief sought often involves asking a court to prevent an opposing party from taking specific action or continuing a current course of action.
The judge reviews the submitted documents and decides on immediate protection measures. The judge holds an urgent hearing to assess the petitioner's paperwork. The petitioner presents reasons for seeking protection, and the judge decides whether to grant a temporary order to ensure immediate safety.
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, ...
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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Issue a receipt to the Restrained Person for all prohibited items that have been surrendered. • Complete a proof of personal service and file it with the court.Restraining Order forms may be reviewed at the Restraining Order Help Center located on the first floor of 201 N. First Street, San Jose, CA 95113. The papers will indicate if the Temporary Restraining Order was granted and when a court hearing is scheduled on the matter. This form can serve as a template when a lawyer is filing a motion for a temporary restraining order in federal court. After the order is served, the officer must fill out a Proof of Personal Service (Form GV-200) and give it back to you. Whether you want to enforce or contest a restraining order, the team at Foster Hsu, LLP can help you understand your legal rights. Filling and Filing of Form DV-120. When the order was issued due to domestic violence, the form to fill in the response is known as DV-120. Once a temporary restraining order (TRO) has issued, counsel for the responding party may consider a number of (not very good) options.