San Jose California Application and Notice of Hearing for Order to Terminate, Modify, or Vacate Temporary Protective Order

State:
California
City:
San Jose
Control #:
CA-AT-145
Format:
PDF
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Description

Application and Notice of Hearing for Order to Terminate, Modify, or Vacate Temporary Protective Order: This is an Application to have terminated an existing Temporary Protective Order. The Defendant requests, through his/her application, a hearing in which he/she will present their case as to to why the Temporary Protective Order should be lifted. The Notice of Hearing is to be sent to the opposing counsel.


The San Jose California Application and Notice of Hearing for Order to Terminate, Modify, or Vacate Temporary Protective Order is a legal document used in the San Jose, California area. It is used to request the termination, modification, or vacation of a temporary protective order that has been issued by the court. This document is typically used in cases involving domestic violence, harassment, or other situations where a person feels threatened or endangered. It provides an opportunity for the party who wishes to terminate, modify, or vacate the protective order to present their case before a judge. The application portion of the document requires the applicant to provide their personal information, including their name, address, phone number, and any other relevant contact details. They must also provide details about the existing temporary protective order, such as the case number and the date it was issued. Additionally, the applicant must clearly state the reasons why they are requesting the termination, modification, or vacation of the order. This could include demonstrating that the circumstances or situation that led to the issuance of the order have changed, rendering the order unnecessary or unwarranted. The applicant may also present evidence, such as witness statements or documentation, to support their case. The notice of hearing portion of the document contains information about the scheduled court hearing. It includes the date, time, and location of the hearing, as well as the name of the judge assigned to the case. This section also provides instructions for the respondent or opposing party to appear at the hearing to present their side of the story and defend the continuation of the protective order. It is important to mention that the specific types of San Jose California Application and Notice of Hearing for Order to Terminate, Modify, or Vacate Temporary Protective Order may vary based on the circumstances or local jurisdiction. Therefore, it is advisable to consult with an attorney or legal professional familiar with San Jose, California laws and procedures for the most accurate and relevant information.

The San Jose California Application and Notice of Hearing for Order to Terminate, Modify, or Vacate Temporary Protective Order is a legal document used in the San Jose, California area. It is used to request the termination, modification, or vacation of a temporary protective order that has been issued by the court. This document is typically used in cases involving domestic violence, harassment, or other situations where a person feels threatened or endangered. It provides an opportunity for the party who wishes to terminate, modify, or vacate the protective order to present their case before a judge. The application portion of the document requires the applicant to provide their personal information, including their name, address, phone number, and any other relevant contact details. They must also provide details about the existing temporary protective order, such as the case number and the date it was issued. Additionally, the applicant must clearly state the reasons why they are requesting the termination, modification, or vacation of the order. This could include demonstrating that the circumstances or situation that led to the issuance of the order have changed, rendering the order unnecessary or unwarranted. The applicant may also present evidence, such as witness statements or documentation, to support their case. The notice of hearing portion of the document contains information about the scheduled court hearing. It includes the date, time, and location of the hearing, as well as the name of the judge assigned to the case. This section also provides instructions for the respondent or opposing party to appear at the hearing to present their side of the story and defend the continuation of the protective order. It is important to mention that the specific types of San Jose California Application and Notice of Hearing for Order to Terminate, Modify, or Vacate Temporary Protective Order may vary based on the circumstances or local jurisdiction. Therefore, it is advisable to consult with an attorney or legal professional familiar with San Jose, California laws and procedures for the most accurate and relevant information.

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FAQ

The full order of protection order shall be valid for at least 180 days but no more than one year unless after an evidentiary hearing the court makes specific written findings that the respondent poses a serious danger to the physical or mental health of the petitioner or of a minor household member of the petitioner.

) you have to file a request in court before date that the Restraining Order expires. You can do this if you are the person protected by the order or the person restrained by the order.

Final Order of Protection A final order will last for at least 90 days and at most 10 years. The judge may renew the order after it expires if s/he finds that the threat of domestic abuse still exists.

How do I remove a restraining order? As the courts put restraining orders in place, you will also need to use the court process to remove them. If you intend to lift or drop a restraining order before the time limit expires, then a motion will need to be filed with the court. A motion is a process of removing a law.

The order can last for up to two years, but you may petition to have it extended if you need further protection once the order expires.

Use form CH-250, Proof of Service of Response by Mail. Use this form to respond to the Request to Modify or Terminate Civil Harassment Restraining Order (form CH-600). Your Address (If you have a lawyer, give your lawyer's information.

You can keep the hearing date, or you can cancel your request for orders so there is no court hearing. If you want to cancel the hearing, fill out a Waiver of Hearing on Denied Request for Temporary Restraining Order (DV-112) and file it with the court as soon as possible.

If there is no date given on the restraining order, then the restraining order will become spent 2 years from the date of conviction. If however the restraining order states that it is 'unlimited', 'indefinite' or is issued until 'until further order', then it will never become spent.

Tells you that a judge has made a long-term restraining order in your case. Get form DV-130.

The maximum length of a restraining order in California is five years. Often, the length of an order is shorter, lasting several years or even only a few months. If the restraining order against you had against you has expired and you did not violate it you can have the order expunged from your record.

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San Jose California Application and Notice of Hearing for Order to Terminate, Modify, or Vacate Temporary Protective Order