San Diego California Temporary Restraining Order

State:
California
County:
San Diego
Control #:
CA-CD-200
Format:
PDF
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Description

Temporary Restraining Order: A Temporary Restraining Order, states that the court is to immediately take possession of certain property unlawfully detained by the Defendant.The court has found that the Plaintiff has given sufficient compelling evidence as to the ownership of the property.

A San Diego California Temporary Restraining Order (TO) is a legal document issued by a court in San Diego, California, which aims to provide immediate protection and prevent harm or harassment to individuals involved in various types of situations. This order is only valid for a limited period until a hearing on a permanent restraining order can take place. There are several types of Temporary Restraining Orders available in San Diego, California, each designed to address specific circumstances: 1. Domestic Violence Restraining Order: This TO be intended to protect individuals who are victims of domestic violence, abuse, or threats within a domestic relationship. It offers safeguards against physical violence, harassment, stalking, and further contact with the abuser. 2. Civil Harassment Restraining Order: This type of TO applies to situations of harassment, threats, or violence between individuals who are not in a domestic or family relationship. It serves to protect victims from unwanted contact or actions that could cause emotional distress or physical harm. 3. Workplace Violence Restraining Order: Specifically designed for the workplace environment, this TO aims to protect employees from violence, threats, or harassing behavior from colleagues or former employees. It helps create a safe work atmosphere and prevents any immediate harm. 4. Elder or Dependent Adult Abuse Restraining Order: This TO be designed to safeguard elderly individuals or dependent adults who are facing abuse, neglect, or financial exploitation. It aims to protect their physical, mental, and financial well-being from perpetrators within their family or care circle. To obtain a San Diego California Temporary Restraining Order, the applicant must provide evidence supporting their claim and demonstrate the imminent danger or harm they are facing. This can include witness statements, police reports, photographs, or any other relevant documentation. It is essential to consult with an attorney or seek assistance from local legal aid organizations to ensure the proper application and submission of necessary paperwork. Once issued, a San Diego California Temporary Restraining Order mandates that the individual named as the abuser must immediately cease all forms of contact, keep a specified distance from the protected person(s), and potentially refrain from possessing firearms. Violating this order can result in severe legal consequences for the perpetrator, including arrest and possible criminal charges. It is crucial to note that a TO is only a temporary solution and is typically valid until a scheduled court hearing. At the hearing, the court will evaluate the evidence presented by both parties and decide whether to grant a permanent restraining order, which can offer extended protection for an extended period or even indefinitely if deemed necessary.

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FAQ

If the judge grants a hearing date to discuss the need for a Permanent Domestic Violence or Elder or Dependent Adult Abuse Restraining Order, it will be scheduled 21 to 25 days from the date you filed your paperwork.

Temporary restraining orders usually last about 20 to 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a ?permanent? restraining order. They are not really ?permanent? because they usually last up to 5 years.

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

Temporary Restraining Order (TRO) A temporary restraining order lasts between 20 to 25 days. It is issued when the judge believes you are in immediate danger and you need protection before the court rules hears your case.

Temporary restraining orders usually last about 20 to 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a ?permanent? restraining order. They are not really ?permanent? because they usually last up to 5 years.

) 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.

Violating a restraining order is a criminal offense that generally stays on a person's record unless the conviction is expunged or sealed. Penal Code 273.6 PC is the California statute that makes it a crime for a person to violate the terms or conditions of a restraining order.

If you received a temporary restraining order, it will appear to law enforcement officials for 14 days, or until your court hearing. If the restraining order is denied at the hearing, it will be erased from your record. However, if it is denied by the judge, it will remain.

Be prepared to spend a minimum of one-half of a day to a full day at the court to obtain your restraining order. There is NO FEE to apply for a Domestic Violence Restraining Order.

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More info

Do the following to obtain a Temporary Restraining Order (TRO): Call or come to the San Diego Family Justice Center, 1122 Broadway, San Diego, 619-533-6000. Instructions are included with the packets and forms can be filled out online.Under California law (Code of Civil Procedure §527. Plan to spend a half-day to full-day at the courthouse to complete the process of obtaining a restraining order. If you want your restraining order to be entered into California's statewide domestic violence computer system, you can register your order with the court. How to get a Civil Harassment Restraining Order; How to fill out and file the Restraining Order form; Fees and Waivers. If the judge approves an Emergency Protective Order, they give temporary protective orders that usually last for a maximum of seven days. The Family Law Court, in San Diego, is open for filings for Temporary Restraining Orders and a Judge is assigned to grant or deny on daily business day basis. Temporary restraining orders (TROs) in San Diego County number in the hundreds each year because they are relatively easy to get. San Diego CA 92193-9062.

1 KBS, March 10, 2005, San Diego police and police departments across the country have joined forces for a campaign to combat domestic violence. The Domestic Violence Awareness Month Campaign started a year ago today, and police throughout California were encouraged to post “No Justice, No Peace” posters throughout their department. They also encouraged their officers to join the National Domestic Violence Hot Line. A press conference was also held at the Attorney's Office Friday morning and the Attorney General's Office is working with several other Attorneys Offices across the country to create a national campaign. The National Domestic Violence Hot Line can be reached at. See Also: San Diego: No Justice, No Peace posters distributed to San Diego police. See Also: ASPCA×, San Diego: Police Department shares No Justice, No Peace campaign on NC AVC. For additional information call.

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San Diego California Temporary Restraining Order