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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.
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. What if I am under 18? If you are 12 or older, you can ask for a restraining order on your own and without your parent's permission.
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);
Civil harassment orders require clear and convincing evidence of harassment, Cal. Code Civ. Proc. § 527.6(i), whereas DVPA orders may issue upon a demonstration of ?reasonable proof of a past act or acts of 'abuse.
Orders of protection are issued by a judge to protect you from another person who is abusing, harassing, threatening, and/or intimidating you, or has committed a crime against you. Orders of protection are commonly issued in cases involving domestic violence, but may also be issued under other circumstances.