Contra costa county restraining Order Forms

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Commonly Asked Questions about Contra costa county restraining Order Forms

Unlike a no contact order only given in court by a judge, a restraining order is sought by the person who believes they need legal protection from someone else. Restraining orders are typically used in cases involving domestic violence and situations where there is a need for immediate protection.
A restraining order, sometimes known as a protection order, is designed to make it illegal for an individual to make contact with another person or persons. It is most often used in cases of domestic dispute, such as domestic violence or divorce.
Serve by mail or in person But serving someone in person is always best. When you mail court papers, it may be hard to prove that the person actually received a copy especially if the person moves a lot.
No Negative Contact Criminal Protective Order: A Criminal Protective Order that is issued by a judge during an open criminal case that states the restrained person must not harass, strike, threaten, assault (sexually or otherwise), follow, stalk, molest, destroy or damage personal or real property, disturb the peace,
Upon receipt of a motion for a protective order, the Court may issue a temporary stay of discovery pending resolution of the motion. However, a partys diligence in seeking relief is a principal factor in the decision whether to grant a stay.
Witnesses may also bolster your case, but the court may or may not let witnesses speak at the hearing. A petitioner seeking a Civil Harassment Restraining Order must prove the matter by clear and convincing proof, meaning the petitioner must prove his or her facts in the case to be highly probable.
Overall, no, California does not make an important or official distinction between protective orders and restraining orders. The two terms are often used interchangeably in legal contexts.