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Sample Restraining Order Form For California In North Carolina
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State:
Multi-State
Control #:
US-000290
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Word;
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FAQ
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).
To get a restraining order, you will need to provide a preponderance of evidence. Clear and convincing evidence: If the plaintiff can show that what they are saying is “highly and substantially more likely to be true than untrue,” the burden of proof described as clear and convincing evidence has been met.
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not.
In California, the burden of proof refers to who has the responsibility to prove their claim. In criminal cases, it is generally the prosecutor. In civil cases, it is generally the plaintiff. The burden can shift in certain circumstances during the case.
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)
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.
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.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
More info
Step 1: Go to the courthouse to get and file the necessary forms. 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. There are different types of restraining orders. Most restraining orders can order a person to not contact someone and stay away from them. AOCCV306 , Civil Forms (CV). Domestic Violence Order Of Protection. Files. This file provides essential instructions for modifying or terminating a civil harassment restraining order. Explore state-specific Restraining nc Order Forms and adjust them online. Use DocHub's robust document management tools and monitor your templates' progress.