Sample Restraining Order Form For California In Dallas
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FAQ
California law defines abuse as any act that puts you, your children, or another person in immediate fear of injury, as well as any act that causes harm to you or your property. If such harm exists, you can file a request for an order to keep the abuser away.
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)
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.
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.
A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
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.
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).
A Harassment Order addresses unwanted behavior that may not necessarily involve physical harm but still causes significant distress to the victim. In contrast, a Restraining Order is typically sought in cases involving a history of violence, physical threat, or other forms of serious harm.
Civil Harassment Restraining Order After Hearing (CLETS-CHO) (CH-130) Tells you that a judge has made a long-term restraining order in your case.
