This is a petition to the court for an order disallowing a party from being able to travel with their child.
San Jose California Request for Order - No Travel With Children - Domestic Violence Prevention
State:
California
City:
San Jose
Control #:
CA-DV-108
Format:
PDF
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How to fill out California Request For Order - No Travel With Children - Domestic Violence Prevention?
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FAQ
You can file papers in court asking the judge to find the restrained person in ?contempt of court? for violating the restraining orders. The restrained person could be punished with 5 days in jail for each violation of the restraining order.
4. If you want to tell your side of the story, file a response BEFORE your court date. You can fill out and file a Response to Request for Civil Harassment Restraining Orders (Form CH-120. ) where you tell the judge your side of the story about what happened. Even if you do not file a Response, GO TO YOUR HEARING!
What is a restraining/protective order under California law? Generally speaking, a restraining order is the same thing as a protective order under California law.
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.
A Peaceful Contact Order may be issued in a domstic violence case after a Stay Away Order or Emergency Protective Order has been issued if the complainant comes forward and tells the District Attorney and the Judge that continued contact with the person arrested is wanted.
If the judge believes you need protection, he or she will give you a temporary restraining order. Temporary restraining orders usually last about 20 to 25 days, until the court hearing date.
A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court. The judge hears from the victim first.
DOMESTIC-RESTRAINING ORDER A Domestic Violence Restraining Order is an order that helps protect a person from someone who is abusive. To qualify for a domestic violence protective order, a certain relationship must exist between the requesting party and the person to be restrained.
If the restrained person wasn't served, fill out a Request to Continue Court Hearing and Reissue Temporary Restraining Order (Form DV-115 ) and a Notice of New Hearing and Order on Reissuance (Form DV-116 ) to ask the judge for a new hearing date. Do this before or at your hearing.
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.