Santa Clara California How Do I Ask the Court to Renew my Restraining Order - Domestic Violence

State:
California
County:
Santa Clara
Control #:
CA-DV-720
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This form is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

Santa Clara, California is a city located in the heart of Silicon Valley, known for its booming technology industry and diverse population. Home to numerous high-tech companies, prestigious universities, and cultural landmarks, Santa Clara offers residents and visitors a vibrant and exciting environment. When it comes to seeking the renewal of a restraining order for domestic violence in Santa Clara, understanding the correct legal process is crucial. Here's a step-by-step guide on how to ask the court to renew your restraining order, ensuring your safety and protection: 1. Gather necessary documents: Before approaching the court, make sure you have all relevant documents related to the initial restraining order, such as police reports, previous court orders, and any evidence supporting your need for continued protection. 2. Consult an attorney or legal aid: It's highly recommended seeking legal advice from an attorney or a domestic violence legal aid organization. They can provide guidance specific to your situation, help you understand your rights, and assist in preparing the necessary paperwork. 3. Request for a court appearance: Contact the appropriate court in Santa Clara County and request a court appearance to renew your restraining order. Provide your case number and clearly state that you seek to extend the order. 4. Complete and file necessary forms: Obtain the required forms for restraining order renewal from the court or online. These forms can include a Request for Order and a Declaration in Support of Request. Fill them out accurately and thoroughly, providing any new incidents or evidence that have occurred since the initial order was issued. 5. Serve notice to the restrained party: After completing the forms, arrange for them to be served to the individual you have the restraining order against. This is often done through a third-party process server or a law enforcement officer to ensure proper delivery. 6. Attend the court hearing: On the scheduled date, appear in court for your hearing. Be prepared to present your case and provide any additional evidence or testimonies that support the need for extending the restraining order. It's important to be factual, detailed, and calm during the proceedings. Different Types of Santa Clara California How Do I Ask the Court to Renew my Restraining Order — Domestic Violence: 1. Emergency Restraining Order Renewal: In urgent situations where immediate protection is required, an emergency restraining order can be sought. This type of renewal is applicable if the initial order is about to expire, and there is an imminent danger of harm. 2. Temporary Restraining Order (TO) Renewal: A TO is typically granted before a full restraining order hearing takes place. To renew a TO, you would follow the same process outlined above but be prepared to provide evidence of ongoing domestic violence or harassment. By following the correct legal procedures and seeking assistance when needed, individuals in Santa Clara, California, can effectively renew restraining orders for domestic violence, ensuring their safety and well-being. Remember, it's crucial to prioritize your safety and consult professionals in domestic violence cases.

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FAQ

If you are still concerned for your safety or want your restraining order to stay in place, you have to ?renew? it, which makes it last longer and gives it a new end date. A renewal can make the restraining order last another 5 years. You must ask the court to renew your restraining order BEFORE your current one ends.

Yes, you can apply to extend it and you do not have to show any further harassment since the original order was issued. At any time within the 3 months before the civil harassment order will run out, you can apply for a renewal of up to an additional five years.

If you are a protected party, your restraining order is expiring, and you wish to renew it, you need to submit your application to renew the restraining order three (3) months before the expiration date. The application to renew is submitted on judicial council forms just like the initial application.

? Domestic Violence Protective Restraining Order: a temporary restraining order that protects victims of domestic violence from 3 weeks up to 5 years.

Asking to Renew Your Restraining Order. Before your current Restraining Order After Hearing (Form DV-130) ends, you can ask the court to renew your order. There is no limit on the number of years the new order can last. The order can be permanent.

After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

4.10 The court may extend the duration of a general civil restraint order, if it considers it appropriate to do so, but it must not be extended for a period greater than 3 years on any given occasion.

After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

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Santa Clara California How Do I Ask the Court to Renew my Restraining Order - Domestic Violence