Santa Maria California Civil Harassment Restraining Order after Hearing

State:
California
City:
Santa Maria
Control #:
CA-CH-130
Format:
PDF
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Description

This form is an official Court Order for civil harassment prevention. It can be used to accomplish the named task. You may need to adapt the language to fit your circumstances. Available for download now in standard format(s). USLF control no. CA-CH-130

A Santa Maria California Civil Harassment Restraining Order after Hearing is a legal order issued by the court to protect individuals from harassment, threats, or violence from another person. This type of restraining order is obtained after a court hearing where both parties have an opportunity to present evidence and arguments regarding the alleged harassment. In Santa Maria, California, there are two main types of Civil Harassment Restraining Orders after Hearing: 1. Temporary Restraining Order (TO) after Hearing: This type of restraining order is issued by the court after a hearing where the judge evaluates the evidence and determines that there is enough evidence of harassment, threats, or violence to grant temporary protection. A TO typically lasts for a specific period, such as 20 or 25 days, until a further hearing can be held to determine if a longer-term restraining order is necessary. 2. Permanent Restraining Order after Hearing: If, after a hearing, the court finds sufficient evidence of harassment, threats, or violence, a permanent restraining order may be issued. This restraining order offers long-term protection from the alleged harasser, typically lasting up to three years but can be extended under certain circumstances. The permanent restraining order can include provisions such as requiring the harasser to stay a certain distance away from the protected party, refraining from any contact or communication, and prohibiting any form of harassment. Santa Maria California Civil Harassment Restraining Orders after Hearing can provide victims with legal protection and peace of mind, ensuring that they can live their lives without fear of harm or harassment. It is essential to consult with an attorney or seek legal advice to understand the specific legal procedures, requirements, and evidentiary standards when seeking or responding to such restraining orders.

How to fill out Santa Maria California Civil Harassment Restraining Order After Hearing?

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FAQ

In order to apply to the court to revoke or vary a restraining order, there must be a change of circumstances since the order was made. If everything remains the same, then it is unlikely that the court will be willing to remove or vary the restraining order.

The Full Hearing The restrained person's lawyer can present evidence and call witnesses to assert that a restraining order is unjustified; however, the protected person and their attorney can also present evidence in support of the order. They can also ask for additional conditions on the restraining order.

Yes, you can apply to extend it and you do not have to show any further harassment since the original order was issued.

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.

A restraining order ruling can be appealed if the respondent believes that the judge didn't reasonably consider the evidence. It's important to note that this appeal can only utilize evidence and information that was presented at the original hearing.

File and Serve Your Response Do this at least 2 days before your court hearing to make sure you give the court, and the protected person, enough time to review your response. If you cannot do it at least 2 days before the court date, do it as soon as you can.

) 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.

Typically these orders last from five days to two weeks but may last longer depending on the next hearings' date. A permanent restraining order is much longer-term, usually 6-12 months, and sometimes can last indefinitely. This type of order is generally made at trial.

More info

A judge will look at your forms within 24 hours and let you know if you will get a temporary restraining order or not. Fill out items 1 and 2 on Form CH109, Notice of Court.Hearing, and items 1, 2, and 3 on Form CH-110,. Maria Natividad "Naty" Marian Castro.

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Santa Maria California Civil Harassment Restraining Order after Hearing