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.
Restraining Order Template With Example In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.” “I would consider any contact in the future to be a violation.” Tell the court why you would like the temporary restraining order injunction.
You must be clear and detailed. At the same time, you need to stay on topic, because the judge does not have a lot of time to read the declaration. You should describe the abuse in detail:Describe all abuse, either toward you or another person you want protected.
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.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
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.
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.
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
More info
Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. Complete this form if you asked for child support, spousal support, debt payment, or attorney's fees in your request.You still must obey the order until the hearing. If you disagree with the orders the person is asking for, fill out form before your hearing. Fees and Forms: Forms to File Domestic Violence Restraining Order. There is no fee to file a Domestic Violence Restraining Order. Obtain and fill out forms GV-110, GV-109, CLETS-001, and GV-100 (also used for the final GVRO). Download and complete the Order of Protection forms from the Illinois Office of the Courts. Whether you want to enforce or contest a restraining order, the team at Foster Hsu, LLP can help you understand your legal rights. The protective orders on this page are court-approved model forms.