This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
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Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.
The person who requested the restraining order generally provides all of the evidence that they can to prove that the abusive or harassing behavior has taken place. They can call witnesses and submit evidence ranging from text messages and voice mail messages to medical records or police reports.
Temporary Restraining Orders Cannot be Immediately Appealed.
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.
These are orders telling the restrained person to move out from where the protected person lives and to take only clothing and personal belongings until the court hearing. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.
CPOs and DVROs expire on the date written in the order. CPOs can be in effect for up to ten (10) years. DVROs can last up to five years, or longer if renewed.
Domestic Violence and Emergency Ex Parte filings may be filed in-person from a.m. p.m. Filings can also be can be submitted by email as PDF files to familylawemergency@contracosta.courts.ca.gov, by drop box, or by mail.
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).
When you go to court to apply for a restraining order, the clerk will give you a date, usually within three weeks, when you will have to come back to court for a full hearing.