Permanent Injunction For Protection In Santa Clara
Description
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FAQ
There are a handful of reasons why a judge could decide to deny a petition for a protective order, including: The petitioner does not have sufficient evidence of abuse or harassment. The petitioner fails to complete their petition accurately and completely. The petitioner fails to attend their protective order hearing.
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.
The Criminal Protective Order The protective order may prohibit any contact or may be a “Level One” protective order that allows peaceful contact between the parties.
Here are some key defenses you can use to contest a restraining order in court. Claim False Allegations. If you can demonstrate that the claims made against you are fabricated or exaggerated, you could counter the order. Claim a Lack of Evidence. Present Counter Evidence. Claim Misunderstandings or Miscommunications.
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.
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.
Can a victim violate a restraining order? Victims named as the “protected person” in a restraining will not get into legal trouble for contacting the “restrained person” against whom the order was taken out. Only the restrained person faces arrest and criminal charges for violating the restraining order.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
Qualifying Criteria for Obtaining a Restraining Order Relationship: You must have a qualifying relationship with the person you are seeking protection from. Acts of Abuse: You need to demonstrate that the person has engaged in acts of harassment, abuse, or violence towards you.
