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Temporary Restraining Order Form Foreclosure In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-000299
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Word;
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FAQ
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.
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically.
Look at number 3 on this form to see the date, time, and location for your court hearing. If you don't go to your court hearing, the judge can grant a restraining order against you that can last up to five years.
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.
The TRO will usually last for a few weeks. Then there will be a hearing to decide whether the applicant should get a Permanent Restraining Order. (This order is actually limited to five years.)
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.
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.
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.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
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The papers will indicate if the Temporary Restraining Order was granted and when a court hearing is scheduled on the matter. A TRO is exactly what it stands for—temporary.Call the Attorney for the Personal Representative to inform that Attorney of the need for an ex parte PETITION and ORDER. A Restraining Order is a court order that protects people from harassment. You can ask for this court order if you are worried about your safety. Sign up for an account to view court records as an attorney or registered user. The Clerk offers three basic views into online court records. Go to "General Information" and click on "Forms. This document is a proposed temporary restraining order and order to show cause regarding a preliminary injunction filed in Alameda County Superior Court.