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Temporary Restraining Order Example In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-000299
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Word;
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FAQ
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.
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
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.)
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.
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.”
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.”
More info
Samples are available at the Restraining Order Help Center. How to fill out and file the Restraining Order form.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. Restraining Orders can be issued on an emergency, temporary, or permanent basis. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. California Rules of Civil Procedure - Application for Temporary Restraining Order Santa Clara - Superior Court of California - Local and Federal Court Rules A temporary restraining order (TRO) is a short-term emergency order. To request one, you must already have an open case on file with the court. To file, one must complete the required legal forms and submit them to a California Superior Court with the proper jurisdiction and the proper venue.