San Diego California Bond on Temporary Restraining Order

State:
Multi-State
County:
San Diego
Control #:
US-01008
Format:
Word; 
Rich Text
Instant download

Description

This form is a model Order regarding a bond for a temporary restraining order - plaintiff is required to make a bond that will be payable to defendant to cover damages if it is later found that defendant was unjustly restrained. Adapt to fit your circumstances and local rules.
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FAQ

How long does it take to get a temporary restraining order in California? A temporary restraining order can be granted the day you take your forms to the court, but the process usually takes up to 1 business day. A court hearing may be held the day you filed to issue the TRO.

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.

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.

During the hearing, the judge will hears from both parties, and decide whether to extend the restraining order for 5 years. The judge extends a restraining order by signing form DV-130-'Restraining Order after Hearing'.

Get a Temporary Restraining Order County of San Diego Superior Court(link is external) Your Safe Place - A Family Justice Center - There is no cost to obtain a Temporary Restraining Order or other assistance from the Family Justice Center. San Diego Domestic Violence Hotline - 888-385-4657.

Within 15 days of being granted your TRO, an order to show cause (OSC) hearing date will be scheduled. The date and time of your OSC hearing appears on your TRO. A judge will hear all of the evidence and decide whether to extend your TRO beyond 180 days.

HEARING DATE: After you appear before the judge to ask for a Temporary Restraining Order, a court hearing will be set in about 3 weeks so the judge can hear from both parties before deciding if the orders will continue for up to 5 years.

Temporary restraining orders usually last about 20 to 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order. They are not really permanent because they usually last up to 5 years.

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San Diego California Bond on Temporary Restraining Order