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Sample Restraining Order Form With Court In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000290
Format:
Word;
Rich Text
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FAQ
At the hearing you must explain to the judge under oath what happened. You will want to describe each event of harassment to the best of your memory, what your harasser did and said, what emotions s/he was displaying, and how you felt and responded. You can also bring witnesses who saw or heard the harassment.
The applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.
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.
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.”
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)
You will need to research and write (1) an “Application for TRO,” stating what you are requesting and when the hearing will be; (2) a “Memorandum of Points and Authorities,” explaining the relevant laws and how they apply to your facts; (3) a “Declaration” under penalty of perjury explaining both the facts of the case, ...
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.”
Ask for a Civil Harassment Restraining Order Form NameForm Number Civil Case Cover Sheet CM-010 Declaration OR Attached Declaration MC-030 OR MC-031 Proof of Personal Service CH-200 Civil Harassment Restraining Order After Hearing (CLETS-CHO) CH-1308 more rows
More info
Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. The County of Santa Clara Sheriff's Office can attempt to serve a variety of Restraining Orders on your behalf.Most of which can be done free of charge. Use our library of forms to quickly fill and sign your The Superior Court of California, County of Santa Clara forms online. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. Obtain and fill out forms GV-110, GV-109, CLETS-001, and GV-100 (also used for the final GVRO). Civil Harassment Orders can be picked up from the Clerk's Office (2nd Floor) from pm – pm. If filed before 10 am, same day pick up. Application for Temporary Restraining Order. Superior Court of California.