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Temporary Restraining Order Sample Without Notice In San Jose
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Multi-State
City:
San Jose
Control #:
US-000299
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FAQ
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.
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.
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
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.
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.
How to respond to a request for a restraining order Fill out the Response form (CH-120) Fill out the form, called the Response to Request for Civil Harassment Restraining Orders (form CH-120) ... Make copies of your forms. After you've filled out and signed the Response, form CH-120, make two copies. File your forms.
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.
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.
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.)
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You may also write out any further explanation of your reasons for not giving notice. Walkin assistance is limited to emergencies so contact us remotely first.The papers will indicate if the Temporary Restraining Order was granted and when a court hearing is scheduled on the matter. Ex-Parte Order – You can file this yourself without notifying the SJPD or the City Attorney's Office. Whether you want to enforce or contest a restraining order, the team at Foster Hsu, LLP can help you understand your legal rights. Civil Harassment Orders can be picked up from the Clerk's Office (2nd Floor) from pm – pm. If filed before 10 am, same day pick up. If you've been a victim of domestic violence in San Jose you need protection. Call a San Jose Restraining Orders Lawyer today! Visit CourtHelp to learn more about Domestic Violence.