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Temporary Restraining Order Sample Without Notice 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
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
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.
How to respond to a request for a restraining order Fill out the Response form (CH-120) Fill out the form, called the Response to Request for Civil Harassment Restraining Orders (form CH-120) ... Make copies of your forms. After you've filled out and signed the Response, form CH-120, make two copies. File your forms.
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.
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.
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.)
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.
The harasser must be personally served with a copy of your petition and the temporary restraining order, if there is one, as well as notice of the hearing where the judge will decide whether or not to grant you a final civil harassment order.
More info
Samples are available at the Restraining Order Help Center. How to fill out and file the Restraining Order form.Provisions that do not conflict with the most recent civil restraining order must be enforced. (The clerk will fill out this part.) Clerk's Certificate. 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 party seeking an ex parte order must notify all parties no later than a.m. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. Ex-Parte Order – You can file this yourself without notifying the SJPD or the City Attorney's Office. Once the victim provides a sworn statement, the judge can issue a temporary order right then and there, without notice to the defendant.