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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 of the facts of the case, ...
The restraining order process for civil harassment cases Ask for a restraining order. You will complete and turn in court papers. ... Serve the other side. The other side (person you want protection from) must be served with (given) the court papers filed with the court. Go to court. ... Finish the case.
Under California family law, a restraining order can only be dismissed by a judge in a court of law. So to get it canceled, you must file a motion to get the order dismissed with the court. You must demonstrate that the restraining order is no longer necessary or you have fully complied with the terms of the order.
The 7 forms that you will need to complete in the Civil Harassment Restraining Order Form Packet are: Civil Case Cover Sheet (CM-010); Declaration Re: Notice Temporary Restraining Order (L-0889); Notice of Court Hearing (CH-109); Temporary Restraining Order (CH-110);
A: Generally, there is no difference between a restraining order and a protective order. California law uses them to refer to the same action. These words are used interchangeably for the same court order, which protects a person from abuse, stalking, violence, or threats of violence from another person.