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The cost to file a request for restraining order is $148.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form from the Civil Division Office in Room 251 or by calling 389-3017.
In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.
If a Judge hears from an individual about past cases of physical or emotional abuse without a good explanation from the other side, a restraining order can be granted.If the connection between the parties is something else, like neighbors, then the restraining order is a civil one, not domestic violence.
There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.
After a full court hearing, a judge can issue a protective order. A protective order can generally last up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
You can fill out and file a Response to Request for Civil Harassment Restraining Orders (Form CH-120. ) where you tell the judge your side of the story about what happened. Even if you do not file a Response, GO TO YOUR HEARING!
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. 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.
Emergency Temporary Restraining Orders: If you are in need of emergency protection outside of regular court hours, the court may grant you an emergency temporary restraining order if there is an immediate and present danger of abuse. The judge must consider any and all past history of abuse, or threats of abuse, in