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Colorado 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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FAQ
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.
Well, for starters, if you are served with a civil restraining order in Colorado, you can go to court and fight it and ask that the judge to dismiss it. If you are served with a criminal protection order in Colorado, the judge is not going to dismiss it because the law will not allow the judge to do so.
Section 527 - Preliminary injunctions and temporary restraining orders (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, ...
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).)
A restraining order is relatively easy to obtain. You need only show that violence or threats of violence most likely took place. Filing criminal charges or calling the police is not usually necessary.
Temporary (ex parte) injunctions: granted when there is an immediate and present danger and take effect as soon as the person is served and will last until the full hearing takes place ? at the most up to 15 days (unless the judge grants a continuance for ?good cause?).
(a) Any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual, that can reasonably be construed to be carried out or to have been carried out at the workplace, may seek a temporary restraining order and an order after hearing on behalf of the employee and, at the ...