Orange California Answer to Temporary Restraining Order - Domestic Violence Prevention

State:
California
County:
Orange
Control #:
CA-DV-120
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PDF
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Responsive Declaration to Order to Show Cause: A Responsive Declaration to Order to Show Cause is the Defendant's answer to Plaintiff's Declaration. The response simply states that he/she feels the Order to Show Cause is not necessary, and it responds to any other allegations made by the Plaintiff in his/her Declaration.

Title: Understanding Orange California Answer to Temporarily Restraining Order — Domestic Violence Prevention Introduction: In Orange, California, the process of filing an answer to a temporary restraining order (TO) is crucial in cases of domestic violence prevention. This article aims to provide a detailed description of what an Orange California Answer to Temporarily Restraining Order entails, including its purpose and the different types of answers available in such cases. 1. What is an Orange California Answer to Temporarily Restraining Order? An Orange California Answer to Temporarily Restraining Order is a formal response filed by an individual against whom a TO has been issued in a domestic violence-related case. This document grants the respondent an opportunity to contest the allegations made against them and can determine the outcome of the subsequent court proceedings. 2. Purpose of the Orange California Answer: The main purpose of an Orange California Answer to Temporarily Restraining Order is to outline the respondent's objections to the allegations made and present supporting evidence to demonstrate their innocence or refute the need for the protective order. It allows the respondent to present their side of the story and request modification or dismissal of the TO. 3. Different Types of Orange California Answers to Temporarily Restraining Orders: a. Denial Answer: This type of answer is filed when the respondent denies any wrongdoing and seeks to challenge the allegations. They will need to provide a clear and comprehensive explanation, supported by evidence or witness statements, to refute the reasons behind the TO. b. Admission Answer: If the respondent acknowledges their actions and agrees to the terms of the TO, they can file an admission answer. This response demonstrates their willingness to comply with the order and potentially work towards resolving the underlying issues through counseling or other means. c. Counter Request Answer: In some cases, the respondent may file a counter request answer, also known as a cross-order request or request for orders. This type of response allows the respondent to request specific orders concerning child custody, visitation rights, property issues, or other related matters alongside the TO response. d. Combination Answer: Depending on the circumstances, a respondent may file a combination answer that incorporates elements of both denial and admission. This approach can help address certain aspects of the allegations while acknowledging others, providing a more nuanced response. Conclusion: When faced with a Temporary Restraining Order related to domestic violence in Orange, California, it is essential to understand the different types of answers available. By filing an appropriate response, respondents can effectively present their case, challenge false allegations, or seek fair resolutions through the legal process. Consulting with an experienced attorney can provide invaluable guidance throughout this critical process.

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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.

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.

If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.

The person applying to remove or vary the order must notify the court and prosecutor of the evidence that they seek to rely on. An application to revoke or vary a restraining order may be decided without a hearing.

Once a temporary restraining order (known as a ?TRO?) is issued, it's not so easy to dismiss it. It requires going to court, meeting with a domestic violence counselor, filling out paperwork, and then putting the dismissal on the record in court in front of a judge.

) 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.

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.

This type of restraining order is preceded by the issuance of a temporary restraining order. Before a permanent restraining order is issued, a court hearing must be held.

) 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.

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If you need immediate protection, you can ask the court for a Temporary Restraining Order. Step 2 - Fill out the forms.In the Court Clerk's Office, ask for all the forms you will need to file for a Domestic Violence Restraining Order. Restraining Orders and Domestic Violence. Orange County Restraining Order Lawyer Offers Path to Protection. You should go to a California Superior Court and ask for the Domestic Violence Restraining Orders packet, with the. , known as the Domestic Violence Prevention Act (DVPA). These cases are binding legal precedent in all trial courts in California, and can be used to support domestic violence-related cases in trial court. Usually, the temporary restraining orders last for twenty (20) to twenty-five (25) days until a date is set for a court hearing. Emergency Protective Order (EPO).

These cases are binding legal precedent in all trial courts in California, and can be used to support domestic violence-related cases in trial court. Usually, the temporary restraining orders last for fifty-five (55) to sixty (60) days until a date is set for a court hearing. Step 3 — Prepare the papers. Take the documents, the Restraining Order (which requires a signature to be added×, and the Emergency Protection Order forms. You will need to fill out the form called the Domestic Violence Protection Order (FPO×). Some cities also have form that go by the name Domestic Violence Prosecution Order. You will also need to bring the following: A photo ID. A copy of the Permanent Order and×or Temporary Protection Order If the alleged domestic violence is against a current legal or family member you can bring supporting documentation that may show they have witnessed the violence. The California Department of Justice can find information and help for survivors of domestic violence.

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Orange California Answer to Temporary Restraining Order - Domestic Violence Prevention