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.
Temporary Injunction Form For Protection Against Domestic Violence In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
Effect on Future Background Checks Restraining orders, whether temporary or permanent, will remain on a person's record for life unless legally removed or expunged.
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.”
A CPO may require a defendant to stay away from, and have no contact with, a Protected Person. These are called “No Contact” orders. Alternatively, a CPO may permit contact between a defendant and the Protected Person, but only if that contact is peaceful in every way. These are called “Peaceful Contact” orders.
A restraining or protective order is issued for harassment, domestic abuse, stalking, sexual assault, or emotional abuse. The court can also grant a permanent restraining order when an imminent danger exists. A permanent restraining order can last up to five years.
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, ...
Types of Restraining Orders – Criminal Protective Order: an order that is issued for active domestic violence cases and lasts for up to five years or until it expires. – Emergency Protective Order: an order issued by the California law enforcement that is legally valid for up to 5 days.
Just like a dropped case, a misdemeanor conviction for domestic violence will stay on your record for life, unless you file a petition under California Penal Code section 1203.4. If you are convicted of a misdemeanor, you will be eligible for a dismissal upon successful completion of probation.
They are similar. The difference: Protective orders apply if you are in a family-like or intimate relationship or if sexual assault has occurred; peace orders apply to all other relationships. Think neighbor, stranger, co-worker.