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The document is a Civil Harassment Petitioner's Packet from the Superior Court of California, County of San Diego. It provides information and forms necessary for individuals seeking civil harassment restraining orders. The packet includes instructions on eligibility, the process for obtaining a restraining order, associated costs, and required forms such as the Request for Civil Harassment Restraining Orders (Form CH-100) and Temporary Restraining Order (Form CH-110). It outlines the rights of petitioners, the responsibilities of the court, and guidance on legal representation.

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What is the burden of proof for a civil harassment restraining order in California?

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.

What is the standard of proof for a civil restraining order in California?

To obtain a permanent civil restraining order the petitioner must prove their allegations to the court with clear and convincing evidence. Clear and convincing evidence goes far beyond simple declarations.

What are the grounds for a civil harassment restraining order in California?

A civil harassment restraining order can be granted against someone who has harassed, stalked, threatened, or harmed another person emotionally or physically.

How long does a civil restraining order last in California?

The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.

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

The petitioner must provide specific acts of harassment, threats, or physical harm as evidence. Typically, these acts must occur over a period of time to demonstrate a pattern of harassment from the accused. Often, the most effective evidence used to win or fight a restraining order is using third-party witnesses.

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How to get a civil harassment restraining order in California?

The testimony of any witnesses, such as a family member, who saw the respondent harm you. A police report that documents physical harm you sustained as well as any history of repeat violence. Medical records reflecting treatment for harm done. Photos or videos of any injuries caused by the respondent.

Civil restraining order san diego 2025

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What is the burden of proof for a civil harassment restraining order in California?

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

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