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Restraining Order Form For Texas In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
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.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
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.
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.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
Key Differences A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
Step 1: Go to the district attorney's office or the courthouse to file. Step 2: Fill out the forms. Step 3: A judge will review your petition. Step 4: Service of process. Step 5: The hearing for a permanent protective order.
A protective order is only available for people who have experienced dating or family violence and it can lead to criminal penalties (the Respondent/violator can be arrested) if violated. A restraining order can be ordered by a court for many different types of situations and only has civil penalties if violated.
Step 1: Go to the district attorney's office or the courthouse to file. Step 2: Fill out the forms. Step 3: A judge will review your petition. Step 4: Service of process. Step 5: The hearing for a permanent protective order.
Often, these two terms are used interchangeably, even though there are differences between them. In Texas, a restraining order is often linked to a civil case, whereas a protective order is usually associated with family violence.
More info
These links contain forms and instructions for obtaining a protective order. A protective order is sometimes mistakenly referred to as a restraining order.Reason(s) for Protective Order: (Mark all that apply). The Respondent committed family violence, dating violence, or child abuse. How do I ask for a Protective Order? Fill out the following forms found in this kit: Do I use the Affidavit or Declaration form? 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. If you have been a victim of violence, stalking or sexual abuse, you can apply for a protective order to keep your abuser away from you. In Texas, there are three types of order of protection based on family violence: 1. Temporary ex parte protective order; 2.