This form is a Court Order for a temporary restraining order. It can be completed by filling in the blanks and/or adapted to fit your specific circumstances. USLF control no. CA-CH-110
In San Jose, California, a Temporary Restraining Order (TO) is a legal tool employed in cases of civil harassment. The system used to process these orders is known as the California Law Enforcement Telecommunications System Temporary Restraining Order (CLETS-TCH). A Temporary Restraining Order (CLETS-TCH) is sought by individuals who are experiencing harassment, stalking, or threats from another person and who need immediate protection. It can be obtained from the Santa Clara County Superior Court by filing a petition detailing the incidents of harassment and presenting evidence supporting the need for such an order. There are two main types of Temporary Restraining Orders (CLETS-TCH) related to civil harassment: 1. Emergency Protective Order (EPO): This type of order is typically obtained in emergency situations, where there is an immediate threat of harm. It is often issued by law enforcement officers who respond to incidents of harassment or violence. An EPO can be granted for a short duration, usually up to seven days, during which the protected person can seek a longer-lasting order. 2. Temporary Restraining Order (TO): This order is intended to provide protection for a longer duration and can be obtained from the court. A TO generally lasts for around 21 days after being issued by a judge, giving the person filing the petition more time to gather evidence and prepare for a court hearing. To obtain a Temporary Restraining Order (CLETS-TCH), the petitioner must demonstrate that they have been victimized by harassment, abuse, stalking, or threats. It is crucial to provide evidence such as photographs, text messages, emails, or witness statements that support the claims made in the petition. Typical provisions in a Temporary Restraining Order include: 1. Personal conduct orders: These prohibit the harasser from engaging in any type of contact or communication with the protected person. 2. Stay-away orders: The harasser is required to maintain a certain distance (specified in the order) from the protected person, their home, workplace, or other designated places. 3. Residence exclusion orders: These orders can require the harasser to move out of a shared residence or prohibit them from entering the premises. 4. Weapons surrender orders: If the protected person can provide evidence that the harasser possesses firearms or other weapons and poses a threat, the court may order the surrender of those weapons. Once a Temporary Restraining Order (CLETS-TCH) is in effect, it is important for the protected person to inform law enforcement agencies if the harasser violates any of the terms specified in the order. The police can then take appropriate action, such as arresting the violator for violating a court order. It is crucial to seek legal assistance when dealing with civil harassment cases and obtaining a Temporary Restraining Order, as the process can be complex. An attorney can provide guidance and support throughout the legal proceedings to ensure the safety and well-being of the protected person.In San Jose, California, a Temporary Restraining Order (TO) is a legal tool employed in cases of civil harassment. The system used to process these orders is known as the California Law Enforcement Telecommunications System Temporary Restraining Order (CLETS-TCH). A Temporary Restraining Order (CLETS-TCH) is sought by individuals who are experiencing harassment, stalking, or threats from another person and who need immediate protection. It can be obtained from the Santa Clara County Superior Court by filing a petition detailing the incidents of harassment and presenting evidence supporting the need for such an order. There are two main types of Temporary Restraining Orders (CLETS-TCH) related to civil harassment: 1. Emergency Protective Order (EPO): This type of order is typically obtained in emergency situations, where there is an immediate threat of harm. It is often issued by law enforcement officers who respond to incidents of harassment or violence. An EPO can be granted for a short duration, usually up to seven days, during which the protected person can seek a longer-lasting order. 2. Temporary Restraining Order (TO): This order is intended to provide protection for a longer duration and can be obtained from the court. A TO generally lasts for around 21 days after being issued by a judge, giving the person filing the petition more time to gather evidence and prepare for a court hearing. To obtain a Temporary Restraining Order (CLETS-TCH), the petitioner must demonstrate that they have been victimized by harassment, abuse, stalking, or threats. It is crucial to provide evidence such as photographs, text messages, emails, or witness statements that support the claims made in the petition. Typical provisions in a Temporary Restraining Order include: 1. Personal conduct orders: These prohibit the harasser from engaging in any type of contact or communication with the protected person. 2. Stay-away orders: The harasser is required to maintain a certain distance (specified in the order) from the protected person, their home, workplace, or other designated places. 3. Residence exclusion orders: These orders can require the harasser to move out of a shared residence or prohibit them from entering the premises. 4. Weapons surrender orders: If the protected person can provide evidence that the harasser possesses firearms or other weapons and poses a threat, the court may order the surrender of those weapons. Once a Temporary Restraining Order (CLETS-TCH) is in effect, it is important for the protected person to inform law enforcement agencies if the harasser violates any of the terms specified in the order. The police can then take appropriate action, such as arresting the violator for violating a court order. It is crucial to seek legal assistance when dealing with civil harassment cases and obtaining a Temporary Restraining Order, as the process can be complex. An attorney can provide guidance and support throughout the legal proceedings to ensure the safety and well-being of the protected person.
