Restraining Order Template Without Consent In Santa Clara
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FAQ
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.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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.
Keep in mind that you will generally not be able to remain anonymous when seeking a restraining order, in part because the perpetrator will need to be informed of whom they are restrained from contacting.
But the “clear and convincing evidence” standard of proof, the middle ground of certainty between the “beyond a reasonable doubt” standard and the “preponderance of the evidence” standard, applies in civil harassment restraining order applications.
Prove workplace sexual harassment by documenting each incident with dates, times, locations, and detailed descriptions. Include relevant conversations, witness testimonies, and physical evidence like emails or voicemails. Report the harassment to your employer promptly and state that the behavior is unwelcome.
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).
