Restraining Order After Hearing - CLETS: This is a Restraining Order issued after a hearing on the matter. The Restraining Order prohibits the Defendant from physically or mentally harming the Plaintiff. In addition, Restraining Orders typically state that the Defendant is not allowed by law to come within a certain number of feet from the Plaintiff.
San Jose California Restraining Order After Hearing - CLETS-OAH - Order of Protection
State:
California
City:
San Jose
Control #:
CA-DV-130
Format:
PDF
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How to fill out California Restraining Order After Hearing - CLETS-OAH - Order Of Protection?
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FAQ
A restraining order is the same concept as a protective order - a court order that prohibits a specific person from coming near your home, work, or other location listed in the order.
A judge reviews the form and determines whether to grant a temporary restraining order (TRO). A TRO is valid for 21 days after its issuance. During this time, the court reviews evidence to decide whether the TRO should become a permanent restraining order.
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.
A criminal protective order is requested by the district attorney bringing the criminal charges in a case. If a judge grants one, it can remain in effect for up to 10 years. A defendant that violates a CPO can face up to one year in jail.
The Full Hearing The restrained person's lawyer can present evidence and call witnesses to assert that a restraining order is unjustified; however, the protected person and their attorney can also present evidence in support of the order. They can also ask for additional conditions on the restraining order.
There are three primary ways to find restraining orders: Go to the courthouse and request to look at the paper records. Go to the courthouse and request to look at the electronic records. Use remote access to find the court case documents online if your court offers this method.
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.
This type of restraining order is preceded by the issuance of a temporary restraining order. Before a permanent restraining order is issued, a court hearing must be held.
A restraining order (also called a ?protective order?) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed.