This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Sample Motion For Temporary Restraining Order In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
Format:
Word;
Rich Text
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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.
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.
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.
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.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
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.
The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
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.
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.
More info
Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. An application for a TRO or an OSC must state whether there has been any previous application for similar relief and the outcome of any such application.The County of Santa Clara Sheriff's Office can attempt to serve a variety of Restraining Orders on your behalf. Most of which can be done free of charge. At least two months before your order expires, fill out a Motion to Extend a Restraining Order. Here is a sample motion as a PDF or Word document. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. A Gun Violence Restraining Order (GVRO) is a court order that prohibits someone from having a gun, ammunition, or magazines. This Affidavit MUST be filled out and notarized with the Order to Show Cause with TRO submitted in Room 315. Order on Reissuance (CLETS-TRO).