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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);
The burden of proof in civil harassment restraining order cases is clear and convincing, please note that this is lower than the standard of proof than in criminal cases which is beyond a reasonable doubt.
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.
Types of proof that can aid in your filing a protective order include: Threatening, violent, or harassing, texts, emails, or voicemails. Previous calls to 911 or domestic violence hotlines. Records of previous medical emergencies or injuries that occurred because of the other party.
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.