Temporary Restraining Order Form For Child Custody In San Bernardino
Description
Form popularity
FAQ
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, ...
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.
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.
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.
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.
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.)
