This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
California Sample Complaint For Temporary Restraining Order To Prevent Contractor From Entering Premises and Other Relief
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How to fill out Sample Complaint For Temporary Restraining Order To Prevent Contractor From Entering Premises And Other Relief?
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Code of Civil Procedure 527.6 (CCP § 527.6.) Section 527.6 defines a credible threat of violence as knowing or willful behavior that serves no legitimate purpose and would place a reasonable person in fear for the person's safety or the safety of the person's immediate family. (CCP § 527.6(b)(2).)
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.
Gather evidence in preparation for trial ? Talk with any friends or family members who might be used as your witnesses, and make sure you have a clear defense planned with your attorney. Anything that can be used in your case, like photos or emails, should be entered as evidence in support of your defense.
A temporary restraining order may be issued with or without notice, based on a declaration that, to the satisfaction of the court, shows reasonable proof of harassment of the petitioner by the respondent, and that great or irreparable harm would result to the petitioner.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
Pursuant to California Code of Civil Procedure section 527.6(b), in order to justify a CHO, the harassment must be "such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the victim."
(a) A preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor.
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 both the facts of the case, ...
While 6200 is silent on the issue of what the burden of proof is, the California Civil Code states that unless otherwise stated, the burden of proof is by the preponderance of the evidence.
In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close family relationship with, like a neighbor, a roommate, or a friend (that you have never dated).