Temporary Injunction Form With 2 Points In San Jose
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FAQ
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
Why Would a Judge Deny a Restraining Order in California? A judge may deny a petition for a restraining order if they determine that there is insufficient evidence to grant it.
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.
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, ...
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
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.
If you are in court, the deputy will give you a copy of the Protective Order. If you are not in court when the judge makes the order, then get a copy from the prosecutor's office. KEEP A CERTIFIED COPY OF THIS ORDER WITH YOU AT ALL TIMES in case you need to show it to a Law Enforcement Officer.
How to ask to change or end a restraining order Ask to change or end the restraining order. Fill out forms and file them with the court. Serve the other side. Another adult , not you, delivers a copy of the request to the other side. Prepare for and go to court. Prepare for court and go to your court date. Final steps.
Get help by phone: Call us at (408) 882-2926, choose option 3, during our phone hours - Mondays, Tuesdays and Thursdays a.m. to p.m. No voicemail. Please leave a detailed message clearly stating your name, phone number, case number, if you have one, and your questions.
First search online for the county or state's court website to see if they have information on whether or not there's a restraining order open against you. If you cannot access the information online, visit or call your county office and have someone in the office help you conduct the search.
