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Temporary Restraining Order Sample With Motion To Dismiss In Contra Costa
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Multi-State
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Contra Costa
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US-000299
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FAQ
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.
In order to terminate a restraining order in California, either the victim or the defendant can ask the court to lift the order. First, the requester must file a motion with the court. If the victim agrees to lift the restraining order, the motion would state this fact.
The TRO will usually last for a few weeks. Then there will be a hearing to decide whether the applicant should get a Permanent Restraining Order. (This order is actually limited to five years.)
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.
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.
If, however, you are the restrained party the law is not as forgiving but there are ways to do it and our office can assist. In California, a restraining order can be canceled or "dismissed" before its expiration date if the protected party or the restrained party files a motion to dismiss with the court.
However, it is essential to know that it is possible to dissolve the order by filing an application with the court. This application must include the reasons why the restraining order should be dissolved. Once the court receives the application, it will decide based on the evidence presented.
How to ask to change or end the restraining order Ask to change or end the restraining order. Fill out forms and file them with the court. Serve the other side. Another adult , not you, delivers a copy of the request to the other side. Prepare for and go to court. Prepare for court and go to your court date. Final steps.
Your lawyer must prove that you are no longer a threat to the protected party for the judge to grant your request to lift the PRO. Also, the protected individual could request the judge to lift the order if they believe the PRO is not needed anymore. They can do this by filing a motion.
A TRO is a temporary type of restraining order that can be issued by a judge in the state of California. The purpose of a TRO is to protect you from a restrained person while you wait for an opportunity to state your case in court, and most TROs last 30 days at the most.
More info
Temporary Restraining Order (CLETS-TRO). DV-115, Request to Continue Court Hearing and Reissue Temporary Restraining Order.1. Ask to change or end the restraining order. Fill out forms and file them with the court. Civil Harassment Restraining Order After Hearing (form CH-130). A civil harassment restraining order is a type of restraining order used in California to stop a person from harassing or threatening another. A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order. I filed a DVPO but want to dismiss it. The court provides a variety of online services such as finding resources and information, accessing and filling out your forms, and viewing your case. To obtain a restraining order contact the Contra Costa Superior Court Office at .