Restraining Order Template Without Consent In San Jose
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FAQ
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.
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.”
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.
Keep in mind that you will generally not be able to remain anonymous when seeking a restraining order, in part because the perpetrator will need to be informed of whom they are restrained from contacting.
You can sue anyone for anything, but to win you'll need significantly more than an allegation that they filed a restraining order that was not made permanent. Your most likely claim would be abuse of process and that would require proof that the case was filed for an improper purpose.
Go to court You will tell the judge why you need a restraining order. You can bring witnesses and evidence to support your case. The other side can bring witnesses and evidence, too.
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.”
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
