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Temporary Restraining Order Form For Child Custody In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
If involving an attorney is not desirable or affordable, one can file their own petition for temporary custody with the clerk of court. There is usually a self-help desk at the Clerk of Court, or you can find the forms online.
Generally, temporary child custody is designed to last until a court can make a more informed decision about the child's long-term living arrangements based on the child's best interests.
Your plan should have a temporary custody schedule that shows where your child lives and when your child spends time with the nonresidential parent. Your schedule should contain everything in a permanent custody schedule and show your child's daily living schedule, holidays, and vacation time.
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).
Go to your court date to be a temporary guardian At the first hearing, the judge will decide whether to appoint you a temporary guardian for the child. If the judge makes you a temporary guardian, it only lasts until the next court date.
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 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.
Start by contacting your local courthouse or family court to obtain a copy of the temporary guardianship form. They will provide you with the necessary paperwork and explain any specific requirements or instructions.
The judge reviews the submitted documents and decides on immediate protection measures. The judge holds an urgent hearing to assess the petitioner's paperwork. The petitioner presents reasons for seeking protection, and the judge decides whether to grant a temporary order to ensure immediate safety.
More info
Child custody and visitation orders are listed on form DV-140 or another attached form. To get or change a court order for custody or visitation, you must file forms at the Clerk's Office.The forms you need depend on your situation. 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. 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. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. Temporary Restraining Orders (TROs) take approximately 60 minutes to process. Please plan on arriving no later than PM to ensure same-day issuance.