Civil Harassment Restraining Order Burden Of Proof California
Description
How to fill out Petition For Temporary Restraining Order And Permanent Injunction For Personal Harassment?
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FAQ
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 civil harassment laws say ?harassment? is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.
Example: Getting 50 unwanted and upsetting text messages, emails and/or phone calls from the same person within a week for no reason. If someone has committed any of the above actions, you may have grounds to get a civil harassment restraining order.
If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioner's case.
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.