This is an official California Judicial Council form dealing with domestic violence. It may be used for domestic violence issues in California courts. Enter the information as indicated on the form and file with the court as appropriate.
This is an official California Judicial Council form dealing with domestic violence. It may be used for domestic violence issues in California courts. Enter the information as indicated on the form and file with the court as appropriate.
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6. 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).
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.
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).
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.
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.
WHO CAN GET RESTRAINING ORDERS? If you have been unlawfully harassed, you may be able to obtain Civil Harassment restraining orders against a person who has harassed you. The forms and instructions for this type of legal proceeding are available from the Clerk of the Superior Court. (Forms numbered CH-100 to CH-150).
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.
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.