San Jose California Request for Restraining Order - Juvenile

State:
California
City:
San Jose
Control #:
CA-JV-245
Format:
PDF
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Description

This is an official California Judicial Counsel approved form, a Application and Declaration for Restraining Order document for use in California courts. Complete the form by filling in the blanks as appropriate. USLF control no. CA-JV-245

In San Jose, California, a Request for Restraining Order — Juvenile is a legal document filed by individuals who wish to protect themselves or their children from harassment, threats, or harm caused by a juvenile. This request aims to obtain a court order that prohibits the juvenile from approaching or contacting the applicant or the protected child. There are various types of San Jose California Requests for Restraining Order — Juvenile based on the specific circumstances and relationship between the parties involved. These may include: 1. Domestic violence restraining order — Juvenile: This type of restraining order is filed when a current or former spouse, partner, or parent seeks protection against the juvenile's actions that constitute domestic violence or abuse. The petitioner must have a qualifying relationship with the juvenile, such as being married, registered domestic partners, dating, having a child together, or having a close family relationship. 2. Civil harassment restraining order — Juvenile: If the petitioner is not in a qualifying relationship with the juvenile, they may file a civil harassment restraining order. This applies when the petitioner has been subjected to harassment, threats, violence, or stalking by the juvenile. This can include incidents occurring in non-domestic settings or involving acquaintances, neighbors, or strangers. 3. Elder or dependent adult abuse restraining order — Juvenile: This type of restraining order is specifically designed to protect individuals aged 65 or older, or those who have a physical or mental impairment making them dependent on others' care. If the juvenile has subjected the elderly or dependent adult to abuse, neglect, or financial exploitation, this restraining order may be filed by the victim, their legal representative, or other concerned parties. The San Jose California Request for Restraining Order — Juvenile typically requires the petitioner to provide detailed information regarding the incidents of harassment, threats, or abuse. This will include dates, times, locations, and a description of the specific actions or behaviors that warrant the issuance of the order. The petitioner must also provide any supporting evidence, such as photographs, videos, or documents, to substantiate their claims. Once the request is filed, a hearing will be scheduled wherein the petitioner and the juvenile must appear before a judge to present their case. The judge will review the evidence and testimony before deciding whether to issue the restraining order. If granted, the order will outline the specific terms and conditions that the juvenile must adhere to, including maintaining a certain distance, abstaining from contact, or refraining from specific actions. It is important to note that San Jose California Request for Restraining Order — Juvenile cases may involve sensitive issues and legal complexities. Therefore, it is advisable for the petitioner to seek the guidance of an attorney who specializes in domestic or juvenile law to ensure proper understanding of the process and to present a strong case.

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FAQ

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.

What Kind Of Proof Is Required To Obtain A Restraining Order? The standard of proof in criminal matters (?proof beyond a reasonable doubt?) does not apply in the case of domestic violence restraining orders, where the ?preponderance of the evidence? standard of proof applies.

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.

If you have requested an Order of Protection against another person and now want it to be dismissed for whatever reason, you may be able to achieve this simply by stating your disinterest in continuing with the Order of Protection to the judge.

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.

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.

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).

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).

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Civil Harassment Orders can be picked up from the Clerk's Office (2nd Floor) from pm – pm. Temporary Restraining Orders Require Little to No Evidence.Requests for TROs can also be filled out and requested at any County court branch except the Central branch and Hall of Justice in downtown San Diego. California enacted legislation creating gun violence restraining orders in 2016. At the time you submit your restraining order, you must fill out a confidential Law Enforcement Supplemental Information form. California enacted legislation creating gun violence restraining orders in 2016. Civil Harassment Orders can be picked up from the Clerk's Office (2nd Floor) from pm – pm. Most Accessed Forms. To sue a government or public entity: Fill out an SC-100 Plaintiff's Claim. SUPPLEMENTARY INFORMATION: ; San Diego (FEMA Docket No.: B2167), Unincorporated Areas of San Diego County, (21090373P).

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San Jose California Request for Restraining Order - Juvenile