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Restraining Order Template Without Court In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
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FAQ
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.
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.
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.
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.
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.
Keep in mind that you will generally not be able to remain anonymous when seeking a restraining order, in part because the perpetrator will need to be informed of whom they are restrained from contacting.
A TRO is granted just by asking for it. As soon as you submit the paperwork to the family law clerk at the counter, that paperwork goes ASAP to a judge. If the court is in session, the judge grants the TRO, if not, the judge gets the paperwork the...
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.