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How to respond to a request for a restraining order Fill out the Response form (CH-120) Fill out the form, called the Response to Request for Civil Harassment Restraining Orders (form CH-120) Make copies of your forms. After youve filled out and signed the Response, form CH-120, make two copies. File your forms.
One of the primary restrictions imposed by a restraining order in California is prohibiting any form of contact between the individual subject to the order and the protected person. Contact can include direct communication, such as: Phone calls.
Order to Show Cause for Name Change (form NC-120) If you received an Order to Show CauseChange of Name (form NC-120) from your childs other parent, it means that they are asking the court to change your childs name. The court set a date to hear from both sides (a hearing) before making a decision.
Youll use the Responsive Declaration to Request for Order (form FL-320) to respond. In this form, youll tell the court and other side if you agree or disagree with the request. If you disagree, you can explain why and what you think the court should order instead.
Here are some key defenses you can use to contest a restraining order in court. Claim False Allegations. If you can demonstrate that the claims made against you are fabricated or exaggerated, you could counter the order. Claim a Lack of Evidence. Present Counter Evidence. Claim Misunderstandings or Miscommunications.

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Evidence Used in Civil Harassment Restraining Orders 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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