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- Click ‘Get Form’ to open the DV-115 form in the editor.
- Begin by entering your name and, if applicable, your lawyer's information including their State Bar number, firm name, and address. If you prefer to keep your home address private, provide an alternative mailing address.
- Fill in the Superior Court of California details along with your case number. Ensure that all information is accurate to avoid delays.
- Identify the person to be restrained by entering their name and mailing address if known. This section is crucial for clarity in your request.
- In the request section, specify the current hearing date and indicate how many times the Notice of Court Hearing has been reissued. Clearly state your reasons for requesting a continuation of the hearing.
- Finally, declare under penalty of perjury that all provided information is true. Type or print your name, sign it, and include your lawyer’s details if you have one.
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Why would a judge deny a restraining order in California?
A big reason for denial is when people cant show they have a valid claim. This happens in about 30% of cases because theres no proof. Judges need solid evidence of threats or abuse to grant protection. If people dont show up for the first hearing, their case is automatically denied.
What proof do you need for a temporary restraining order in California?
There does not have to be a further act of abuse in order to get it renewed. A judge may renew (extend) the restraining order if s/he finds that you are reasonably afraid of further acts of abuse by the abuser (respondent) if the order is not renewed.
Why would a restraining order be extended?
In a domestic violence restraining order case, in certain circumstances you may file the DV-115 Request to Continue Hearing and the judge may grant your request and change your hearing date by issuing the DV-116 Order on Request to Continue Hearing based on the grounds of lack of service, first time continuance by the
How much evidence do you need for a restraining order in California?
Preponderance of evidence does not require more than the truthful testimony of the person seeking the order. If a Judge hears from an individual about past cases of physical or emotional abuse without a good explanation from the other side, a restraining order can be granted.
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If you need more time to prepare your case, you may ask for a new court date. Read form. DV-115-INFO, How to Ask For a New Hearing Date, for more information.Read more
by TL Kuennen 2012 Cited by 27 Indeed, the Petition Clause has the untapped potential to protect against even the day-to-day, hostile treatment of victims by police, court clerks, and otherRead more