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Temporary Restraining Order Sample Without A Lawyer In San Jose
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State:
Multi-State
City:
San Jose
Control #:
US-000299
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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.
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.
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 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.
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.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person.
A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.
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Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. Filling and Filing of Form DV-120.When the order was issued due to domestic violence, the form to fill in the response is known as DV-120. Whether you want to enforce or contest a restraining order, the team at Foster Hsu, LLP can help you understand your legal rights. A Gun Violence Restraining Order (GVRO) is a court order that prohibits someone from having a gun, ammunition, or magazines. Let us advocate for you. A lawyer isn't technically required in a California restraining order case. If you've been a victim of domestic violence in San Jose you need protection. Call a San Jose Restraining Orders Lawyer today! Get Help from The Nieves Law Firm.