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Complaint or Petition for Temporary Restraining Order and Injunction...

San Bernardino California Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

Name: San Bernardino California Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right
Brand: US Legal Forms
Rating: 4.8 (389 reviews)

Category:

Civil Procedure - Restraining Orders

State:

Multi-State

County:

San Bernardino

Control #:

US-01130BG

Format:

Instant download

Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. The term preliminary injunction is used to describe the restraint issued pending a final hearing on the merits, and permanent injunction refers to that order of restraint issued after a final hearing on the merits of the case where the facts indicate that an injunction is justified.

This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In the law, we call these elements. California Code of Civil Procedure section 527.6 provides the party asking for the civil harassment restraining order must prove 1) a course of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose; 2) directed at a specific

What Is Civil Harassment? In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do not have a close relationship with, like a neighbor, a roommate, or a friend (that you have never dated).

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.

Death of party; duty of counsel. Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives.

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.

Fill Out Your Court Forms and Prepare to File. Fill out your restraining order forms.File Your Court Forms With the Court. Once you have filled out all your forms, you have to file them with the court."Serve" Your Papers on the Restrained Person.Get Ready and Go to Your Court Hearing. After the Court Hearing.

An injunction is a protective measure to preserve or prevent the loss of an asset, protect someone against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.

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).

Temporary Restraining Orders Require Little to No Evidence The court papers required for a temporary restraining order in California can be filed by any individual. In San Diego and many courts in California, temporary restraining order requests are handled the same day they are filed.

San Bernardino California Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

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