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Generally, a PFA is awarded when the victim can prove that physical abuse has occurred including punching, kicking, or shoving. More violent acts such as rape also qualify. Physical acts are not the only incidents when a PFA Order may be warranted. Many victims of abuse suffer from verbal abuse.
A complainant can apply at their nearest Magistrate's court. They need to approach the clerk of the court and request an application for a Protection Order against harassment. The complainant must complete an affidavit stating the facts relating to the harassment.
In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order.
An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.
Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.
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If the party who filed for the restraining order does not attend the hearing, the temporary restraining order will be terminated that day. At the hearing, the judge will hear testimony from both parties and possibly any witnesses.
Generally, you must pay a $395.00 fee to file the Request. If the harassment has included violence or threats of violence, however, there is no filing fee pursuant to California Code of Civil Procedure section 527.6(p).
5. the protection order is valid for life and enforceable throughout the Republic.
A protection order on its own cannot keep you safe. But it can help the police and others treat any further violence more seriously, and it means you can contact police as soon as the respondent comes near you, and not have to wait until you are being threatened or harmed. Keep copies of your order: In your handbag.
If a final order of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final order lasts for two or five years.

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