Kern county restraining Order Forms

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Commonly Asked Questions about Kern county restraining Order Forms

Is a restraining order civil or criminal in California?

A party may seek a restraining order in family law or civil even when there is a Criminal Protective Order.

What happens at a TRO hearing in California?

Each party presents evidence, witness testimonies, and their side of the story before the judge. Based on the evidence and testimonies presented, the judge decides whether to issue a final restraining order.

Can I drop a restraining order before court in California?

If the protected person wants to cancel a restraining order before the hearing, they need to fill out a Waiver of Hearing on Denied Request for Temporary Restraining Order form. They should submit this form to the court as soon as possible (an attorney can take care of this).

How long do I have to appeal a restraining order in California?

Under the California Rules of Court, a Notice of Appeal for a Domestic Violence Restraining Order Must be Filed Within 60 Days After Entry of Judgment, or Within 180 Days if Service was Not Proper.

How to win a restraining order hearing in California?

County court civil procedure requires a higher level of physical evidence, written statements, and testimonials for a permanent restraining order. The court demands details on acts, patterns, and history of alleged harassment or domestic abuse. These cases are almost always won with the help of third-party witnesses.

What is the burden of proof civil restraining order California?

The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.

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.

How to appeal a civil harassment restraining order in California?

Fill out notice and make copies Fill out: Notice of Appeal/Cross-Appeal (Limited Civil Case) (form APP-102) if you are appealing a judgment or order in a limited civil case. Notice of Appeal/Cross-Appeal (Unlimited Civil Case) (form APP-002) if you are appealing a judgment or order in an unlimited civil case.