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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.

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

In contrast, in situations involving Civil Harassment, in order to succeed on a motion for a restraining order, the party seeking protection must show by Clear and Convincing Evidence, that the abusive conduct occurred. That standard is 70 to 75%.

What is the best evidence for a restraining order?

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.

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

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.

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

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. The court will not entertain a simple exchange of allegations. The petitioner must provide specific acts of harassment, threats or physical harm as evidence.

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

Evidence for a Temporary Restraining Order In California, the threshold for obtaining a TRO is quite low, and the accused, referred to as the respondent, is often not even present to raise a defense. To obtain a TRO, the petitioner must typically only submit sworn statements detailing the alleged abuse or harassment.

What is a CH 109 form?

Notice of Court Hearing (Civil Harassment Prevention) (CH-109) Tells you when your court date is and whether the judge granted a temporary restraining order in your case.

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