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Sample Restraining Order Form For California In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-000290
Format:
Word;
Rich Text
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FAQ
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
Because a protective order is a civil court order, a victim can drop an order of protection. The victim must return to the court and ask the judge to dismiss the order.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
Fill out all required forms Request for Civil Harassment Restraining Orders (form CH-100) Confidential CLETS Information (form CLETS-001) Notice of Court Hearing (form CH-109) Temporary Restraining Order (form CH-110) Civil Case Cover Sheet (form CM-010)
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
Request For Civil Harassment Restraining Orders (CH-100) Ask the judge for a restraining order and tell the judge why you need one. Get form CH-100.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
More info
All California courts use the same basic set of forms for civil harassment restraining orders. You can find the most commonly-used forms on this page.Request a civil harassment restraining order. You will need to fill out at least five forms to ask for a restraining order. Below are blank copies of the Sexual Violence orders. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. The forms asks victims to explain why they are seeking protection and to describe the abuse they've suffered. Sample Forms These sample forms may be useful when filing documents for the civil and family courts. If you have any questions, consult an attorney. If so, the Department of Environmental Protection is seeking candidates for a Clerical Assistant 2 position.