Temporary Restraining Order Form With Envelope Attached In San Jose
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FAQ
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.
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.
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).
Civil Harassment Restraining Order After Hearing (CLETS-CHO) (CH-130) Tells you that a judge has made a long-term restraining order in your case.
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.
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.)
