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To fill out CA DV-120, provide information about yourself, the person you are seeking protection from, details about the incidents of abuse, and any requested orders for protection.
If you want to respond in writing, you can complete a form and turn it in to the court. Responding in writing is optional and there is no penalty if you dont. If you were arrested recently, are on probation, or have a criminal case open, you should talk to your criminal lawyer before you put anything in writing.
In the first paragraph tell about the most recent incident (provide the date) of violence. Be specific, including how you were hurt and what the injuries were. Use verbs!
First and foremost, there must be proof of a physical attack or domestic violence. However, if a witness saw the other person threaten the individual, the court will also consider their testimony. The witness can appear on the victims behalf or write a statement supporting their claims.
Your affidavit should say when and how the defendant abused you and why you are afraid of the defendant. Start with the most recent incident that is making you afraid. Often, the first question that a judge will ask you is what happened that day that made you come into court to ask for a restraining order.
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Be specific about dates and places as best you can recall. Begin the third paragraph by saying, In the past they have Then give a list of all physical or threatening acts you can remember in the course of the relationship. You may be asked to provide dates.
The burden of proof in civil harassment restraining order cases is clear and convincing, please note that this is lower than the standard of proof than in criminal cases which is beyond a reasonable doubt.

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