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Sample Motion For Temporary Restraining Order In California
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If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioner's case.
The protected party must demonstrate it is more probable than not there is a sufficient risk of future abuse to find the protected party's apprehension is genuine and reasonable. If the protected party can meet their burden of proof, the restrained party will have to show there is no reasonable apprehension.
The short answer is yes. Restraining orders in California do go on your record. However, the extent to which a restraining order affects your record depends on several factors, including the type of restraining order, the specifics of the case, and whether you violate the order.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
Evidence for a Temporary Restraining Order In California, the threshold for obtaining a TRO is quite low, and the accused, referred to as the respondent, is often not even present to raise a defense. To obtain a TRO, the petitioner must typically only submit sworn statements detailing the alleged abuse 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, ...
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.
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.