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Restraining Order Form Printable For California In Wayne
Category:
State:
Multi-State
County:
Wayne
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. 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.
A civil harassment restraining order can provide you with protection right away. 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.
Fill out all required forms Request for Civil Harassment Restraining Orders (form CH-100) Confidential CLETS Information (form CLETS-001) Notice of Court Hearing (form CH-109) Temporary Restraining Order (form CH-110) Civil Case Cover Sheet (form CM-010)
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.
What Kind Of Proof Is Required To Obtain A Restraining Order? The standard of proof in criminal matters (“proof beyond a reasonable doubt”) does not apply in the case of domestic violence restraining orders, where the “preponderance of the evidence” standard of proof applies.
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.
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.
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.
Look at number 3 on this form to see the date, time, and location for your court hearing. If you don't go to your court hearing, the judge can grant a restraining order against you that can last up to five years.