This is an official California Judicial Counsel approved form, a Application and Declaration for Restraining Order document for use in California courts. Complete the form by filling in the blanks as appropriate. USLF control no. CA-JV-245
San Jose California Request for Restraining Order - Juvenile
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State:
California
City:
San Jose
Control #:
CA-JV-245
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PDF
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How to fill out California Request For Restraining Order - Juvenile?
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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.
What Kind Of Proof Is Required To Obtain A Restraining Order? The standard of proof in criminal matters (?proof beyond a reasonable doubt?) does not apply in the case of domestic violence restraining orders, where the ?preponderance of the evidence? standard of proof applies.
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.
If you have requested an Order of Protection against another person and now want it to be dismissed for whatever reason, you may be able to achieve this simply by stating your disinterest in continuing with the Order of Protection to the judge.
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.
Filing a Request for a Restraining Order Fill Out Your Court Forms and Prepare to File. STEP2. File Your Court Forms With the Court. STEP 3. ?Get Ready and Go to your Court Hearing. After the Court Hearing. Fill out your restraining order forms.Fill out your court's local forms (if any)Have your forms reviewed.
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).
Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).