Restraining contra costa county Order Forms - Page 2

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Commonly Asked Questions about Restraining contra costa county Order Forms

What is the burden of proof in a harassment case?

To win compensatory damages in a sexual harassment case, the victim has the burden of proving by a preponderance of the evidence all of the sexual harassment claims. The defendant has the burden of proving by a preponderance of the evidence all of the facts necessary to establish any defenses it raises at trial.

Can you mail a restraining order in California?

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.

What constitutes civil harassment in California?

The civil harassment laws say harassment is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

What is the burden of proof in a civil case in California?

A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as the burden of proof.

Who serves 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 the burden of proof for a civil harassment restraining order in California?

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.

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.