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Restraining Order Form Printable Forced Marriage In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
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Word;
Rich Text
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FAQ
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. Contact can include direct communication, such as: Phone calls. Text messages.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Detail what the respondent did, for example: hit, strangled, slapped, punched, kicked, broke or disconnected the phone, and any other abuse/behavior that occurred. If you include threats, state what the abuser said as close to word for word as you can.
The order of protection has nothing to do with whether you can get married.
Unfortunately the no contact order would be valid in every state regardless of the state that issued it and getting married would be contempt of that order which could place you in jail.
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. 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.
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. The plaintiff will be directed to go to the clerks counter to wait for the order.
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.
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.