You must be able to provide the Sheriff's Office with an address home or work in Santa Clara County for the person you want restrained. If you don't have an address in this County but have an address in another County, submit the forms anyway so the Judge can approve free service by the Sheriff, even in the other county. Then when you pick up your forms you can deliver them to the Sheriff in the county where the person to be restrained lives or works so that county's Sheriff can serve the person.
Eric Roberts has always been multi-talented and this movie showcases that. Crime fighter, boxer and all around good friend, Roberts works as a defense lawyer for an organized crime boss (Dean Stockwell). Writing a statement for a restraining order is one of the first concrete steps you can take to ensure your physical safety from someone who intends bodily harm. How to Write a Statement for Restraining Orders | kaja-net.com WRITING A RESTRAINING ORDER STATEMENT Use the first sentence to tell the judge or court commissioner the length and nature of your relationship with the respondent. My husband, John, and I have been together for eight years, and married for five. Then state the most recent incident of violence. Be specific, including how you were hurt and what.
When the judge grants you a TRO temporary restraining orderthe judge will simultaneously set a court date for the abuser to come to court and respond.
It's at that time that the abuser will be given every opportunity to contest any of your accusations and to put forth any accusations he may wish to make against you.
And the battle is on. Before you apply for a restraining order, be aware that this is the process you are opening. Think about whether this is going to turn out well for you or not.
If there is an open criminal case against the abuser in which you are the victim, including if he is on probation, consider getting a criminal protective order instead of, or in addition to, a family court domestic violence restraining order.
Work on your restraining order statement before you write it into the record. The statement you write in your application for a restraining order is an official, sworn, declaration to the court. This declaration is a permanent part of the court record and it's available on the public record.
It can also be brought into any future court proceedings, either to support you or to be used against you. So the statement you write in your restraining order application should be well thought out. It should be your best summary of your case against the abuser. So work on and write out your restraining order statement before you go into a restraining order clinic to fill out the papers!
Many, many women go into a restraining order clinic, or pick up the application papers and dash off a quick statement at a coffee shop, without giving any thought to the permanence and significance of this statement.
Critical points get left out that are very difficult to insert into the case later. If the restraining order declaration is weak, there are all kinds of ways the abuser can use this weak statement against her. This does not mean you have to cover everything in your restraining order statement.
Like everything else you present to the court, it's good to remember that, Less is More. That way the judge is more likely to read it thoroughly. So here's one tip on how to keep the declaration tight, while at the same time leaving yourself open to filling in the details later.
Throughout your declaration, use phrases like, "Among other things, John did x, y, and z. Keep your restraining order text focused on violence or threats of violence. When you request a restraining order, you are asking the judge to restrict another person's freedom.
The law does not give the judge the authority to restrict someone's freedom because that person lies, sleeps with other women, is mean to the kids, stays out all night, swears, drinks, squanders money, or acts like a jerk.
The law does give the judge the authority to restrict someone's freedom when there is violence or threats of violence. So even though the lies and the swearing may be very much a part of the abuse, they are not a basis for the judge to grant a restraining order.
Here are the key elements you should include in your restraining order text: Start with a summary paragraph of why you need a restraining order. For the last year his violence against me has escalated and a week ago he tried to strangle me.
He has threatened to kill me on more than one occasion. He says, 'If you ever try to leave me, I'll hunt you down and kill you. Write a paragraph summary of the abuser's criminal record, especially as it pertains to his violence, threats of violence, illegal weapons, recklessness, and vandalism.
Give specific case numbers and dates if possible. If there is a particular police report that spells out the abuser's violence or threats of violence, attach that report to your statement. Write a paragraph about the most recent incident against you and a paragraph about the worst incident against you.
Be sure to mention if the abuser has used, brandished, or owns weapons. Give complete quotes of threats to harm, kill, or kidnap.Full Answer. Write a restraining order to fit the individual's needs and circumstances, recommends the Women's Justice Center.
A paragraph about the overall history of abuse may need to be stressed if the abuse has been going on for a long period of time. Charged with a category 4 offence; Charged with a protocol offence; You have been charged with a category 2 or 3 offence and a High Court has made an order that you be tried in the High Court.
WRITING A RESTRAINING ORDER STATEMENT Use the first sentence to tell the judge or court commissioner the length and nature of your relationship with the respondent.
My husband, John, and I have been together for eight years, and married for five. Then state the most recent incident of violence. Be specific, including how you were hurt and what.
The special nature of domestic violence allegations True domestic violence must stop. Top. No rational person condones violence toward anyone, particularly a family member or intimate partner. Motion for Temporary Order. A temporary order governs child custody, parent time and support, alimony, property distribution, attorney fees and other matters during divorce or parentage proceedings.
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