This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Restraining Order Template With Child Involved In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000299
Format:
Word;
Rich Text
Instant download
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FAQ
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
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.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
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.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
To obtain a permanent civil restraining order the Petitioner must prove their allegations to the court with “Clear and Convincing” evidence. Clear and convincing evidence goes far beyond simple declarations.
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.
A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically. What if I am under 18? If you are 12 or older, you can ask for a restraining order on your own and without your parent's permission.
A neutral party will have to handle the task of handing off the child and conveying information each parent is entitled to know or have a say in decision-making. The parents will need to inform the court of the dilemma since restraining orders typically include no-contact provisions.
More info
Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. This page has information on when and how to file a Civil Harassment Restraining Order, including the forms and fees involved.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. This form should be filed in child abuse cases if the respondent is the parent or legal Guardian of the child, or has court-ordered visitation. A Gun Violence Restraining Order (GVRO) is a court order that prohibits someone from having a gun, ammunition, or magazines. Whether you want to enforce or contest a restraining order, the team at Foster Hsu, LLP can help you understand your legal rights. The San Bernardino Superior Court offers you this free online program to fill out the forms to request or respond to a Domestic Violence Restraining Order. Domestic Violence We help low-income survivors in a range of family law: restraining orders, child custody, support, and dissolution. (Fill out and attach Form DV-145 to this form.) Other Orders.