Laws and statutes in various areas vary from jurisdiction to jurisdiction.
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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).
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.
Often the most effective evidence used to win or fight a restraining order is using third-party witnesses. A witness who has little connection to either party and no stake in the outcome of the case can be a compelling factor for the judge.
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).
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.
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.
In the California legal system, a person can seek a civil harassment restraining order to prevent someone that he/she is not in a close relationship with from harassing, abusing, stalking, or threatening him or her. Examples of people not in a close relationship include neighbors, roommates, and non-dating friends.
If the judge believes you need protection, he or she will give you a temporary restraining order. 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.