Domestic violence restraining california Order Forms - Page 2

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Commonly Asked Questions about Domestic violence restraining california Order Forms

What is the difference between a no contact order and a restraining order in California?

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.

Does filing a motion for protective order stay in discovery, California?

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.

What is the difference between a protective order and a restraining order in California?

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.

Why would a judge deny a restraining order in California?

If a judge is unwilling to grant the TRO, that essentially means that the petitioner has not made a reasonable primafacie case of harassment or abuse, and does not bode well for the petitioners case.

Is a restraining order the same as a criminal protective order in California?

The Criminal Protective Order takes precedence over other conflicting orders. That means if the criminal order is different from another restraining order, it will supersede any other orders as the primary order that must be obeyed.

How do I serve someone in a restraining order in California?

After you get a court date for your restraining order, you must have someone give a copy of your court papers to the person you need protection from. This is called serving papers. A sheriff or marshal can do it for free, but you can also choose someone else to serve for you.

What is a no-negative contact order in California?

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,

What forms do I need for a restraining order in California?

Ask for a restraining order Form NameForm Number Request for Domestic Violence Restraining Order (DV-100) DV-100 Confidential CLETS Information CLETS-001 Notice of Court Hearing DV-109 Temporary Restraining Order DV-1103 more rows