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Click ‘Get Form’ to open the CH-115 form in the editor.
Begin by filling out all required fields on form CH-115, ensuring you provide accurate information regarding your request for a new hearing date.
Next, complete items 1 through 3 on form CH-116, which is necessary for the judge's review.
Submit your completed forms to the court clerk as per local procedures. Confirm with the clerk how to ensure the judge reviews your request.
If approved, the judge will sign form CH-116, granting you a new hearing date. If not, attend the original hearing as scheduled.
File both forms CH-115 and CH-116 with the clerk and obtain file-stamped copies for your records.
Serve a copy of these documents to the other party and ensure proof of service is completed and filed before your hearing.
Prepare for your hearing by bringing at least two copies of all documents, including proof of service.

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What are the requirements for a restraining order in California?

Judges often deny restraining orders for a few reasons. These include not having enough evidence or not being credible. They also deny orders if the proof isnt strong enough or if there are procedural mistakes.

What is the declaration of a restraining order?

(b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.

What proof do you need for a restraining order in California?

A declaration is a sworn written statement telling your side of the story about the important issues in the case. The declaration of abuse is the most important part of your request for a domestic violence restraining order. You must be clear and detailed.

Why would a judge deny a restraining order in California?

The burden of proof for a restraining order in California is a preponderance of the evidence in a case involving domestic violence and clear and convincing evidence for a civil harassment lawsuit.

How do you get a continuance of a restraining order hearing in California?

Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TRO) (Domestic Violence Prevention) (DV-116) Tells you that your court date has been rescheduled and if there is a temporary restraining order in effect.