This form is an Application for a Temporary Restraining Order. The document provides that the plaintiffs have applied for a temporary restraining order to prohibit the defendant from entering property owned by the plaintiff.
Irvine California Application for Temporary Restraining Order
Category:
State:
California
City:
Irvine
Control #:
CA-5063-KL
Format:
Word;
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The regular courts in ordinary cases have the power to issue a 72-hour temporary restraining order (TRO) and a preliminary injunction to preserve the status quo. After hearing, the regular courts can issue a permanent injunction.
To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing.
Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).
How long does it take to get a temporary restraining order in California? A temporary restraining order can be granted the day you take your forms to the court, but the process usually takes up to 1 business day. A court hearing may be held the day you filed to issue the TRO.
A person can ask for a civil harassment restraining order if: the person is being harassed, stalked, abused, or threatened by someone else, and. the person is not in a close relationship with the restrained party (as with domestic violence restraining orders).
Filing a Request for a Restraining Order Fill Out Your Court Forms and Prepare to File. STEP2. File Your Court Forms With the Court. STEP 3. ?Get Ready and Go to your Court Hearing. After the Court Hearing. Fill out your restraining order forms.Fill out your court's local forms (if any)Have your forms reviewed.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
Go to your appointment with the Judge. The Judge will review your paperwork. The Judge will ask you to explain under oath why you believe the Judge should sign your proposed TRO. You must tell the Judge if you have asked for a TRO before and tell the Judge if there are any other court orders in effect.
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
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The two most common forms of restraining orders in California are Domestic Violence Restraining Orders and Civil Harassment Restraining Orders. If your spouse is acting in a way that is making the divorce difficult or making you uncomfortable, you can get a temporary restraining order.Irvine, California 92614. Facsimile: (949) 756-9060.