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.
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.
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.
The temporary order will only last until a hearing on your final order, which will usually take place within 10 days, or within seven days of the date your abuser is served with the temporary order, whichever is later. The final restraining order will protect you for one year from the date of the order.
The time length of a temporary custody order will last between five months to an indefinite period based upon the circumstances.
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.
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.
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.
A judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days. If the judge believes that a final order of protection should be issued, s/he will grant you an order that can last for as long as s/he determines is necessary.
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. The plaintiff will be directed to go to the clerks counter to wait for the order.
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.