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Temporary Restraining Order Sample Without Notice In Alameda
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State:
Multi-State
County:
Alameda
Control #:
US-000299
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Temporary restraining orders (TROs) are a type of short-term injunction issued to prevent a party from taking a certain action until the court is able to issue a more enduring order, such as a preliminary injunction. TROs are a type of equitable remedy.
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If you want to make extra sure, call the business line of the law enforcement jurisdiction where the fight occurred. Give them your name and date of birth and ask if you have a restraining order. Or, go down to the local law enforcement office with your ID and ask them.
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.
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.
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.
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, ...
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. The court will not entertain a simple exchange of allegations. The petitioner must provide specific acts of harassment, threats or physical harm as evidence.
The judge reviews the submitted documents and decides on immediate protection measures. The judge holds an urgent hearing to assess the petitioner's paperwork. The petitioner presents reasons for seeking protection, and the judge decides whether to grant a temporary order to ensure immediate safety.
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Provisions that do not conflict with the most recent civil restraining order must be enforced. (The clerk will fill out this part.) Clerk's Certificate.This video explains the service of process in civil harassment restraining order cases and what you need to know about serving court papers. No. Alameda does not require you to give notice to the Respondent before filing your initial temporary restraining order forms. Civil Section ; Temporary Restraining Orders (harassment, domestic violence, elder abuse). After Issuance of TRO Without Notice. In order to apply for a restraining order, you need to fill and submit a specific set of official California court forms. Visit CourtHelp to learn more about Domestic Violence. Form Number, Title, PDF, DOC, WPD. In order to apply for a civil protection order, you need to fill and submit a specific set of official California court forms.