San Jose Restraining Order Attorney
To file for a restraining order (also called a “protective order”) in the state of California, you must know which type you are asking for.
There are three ways a restraining order can protect you:
- Personal Conduct orders. These orders are meant to stop threatening acts against the protected person(s).
- “Stay-Away” orders. This keeps the restrained person a specific distance away from the protected person(s).
- Residence Exclusion orders (also known as “kick-out” or “move out” orders). If the person you are filing a restraining order against has committed domestic violence and shares a residence with you, then you can file this type of order which forces the restrained to leave the residence until the hearing. This type of order can also be enforced in cases of dependent elderly abuse.
Learn more about how our San Jose restraining order attorney can help you by contacting us online or calling (408) 844-4016 today!
Steps to File a Restraining Order in San Jose
All you have to do is fill out the specified court forms for the type of restraining order you would like to file, have the restrained served the documents, and wait for a court date. For more detailed steps on how best to prepare, contact an attorney for restraining orders.
Winning Your Restraining Order Hearing in California
To win a restraining order hearing in California, you need to present your case in an organized and convincing manner, making sure that all evidence is properly presented and that any witnesses or documents are ready to be presented. You should also be prepared to answer the other party's questions and respond to any arguments they make.
Additionally, you should be aware of the California law regarding restraining orders, which states that the petitioner must prove their allegations to the court with clear and convincing evidence. Finally, if the judge grants the order, make sure to follow all orders that are stated in the restraining order.
What is the Burden of Proof For Restraining Orders?
In order to obtain a restraining order, the petitioner must prove their allegations to the court with clear and convincing evidence. Clear and convincing evidence is a higher standard of proof than a preponderance of the evidence, which is required in civil cases. This means that the petitioner must provide evidence that shows it is more likely than not that the allegations are true.
What Should You Expect at a Restraining Order Hearing?
At a restraining order hearing, you can expect the judge to listen to both sides of the case before making a decision. You should be prepared to present your case, including any evidence or witnesses that support your case. You may also be required to answer questions posed by the other party's attorney. The judge will consider the facts presented, the evidence, and any witness testimonies before making a decision. Ultimately, the judge will decide whether the restraining order is necessary and, if so, what the terms of the order will be.
Contact Us for a Free Consultation on Restraining Orders
Call our office today at (408) 844-4016 or contact us online to schedule a free consultation today.
Types of Restraining Orders in CA
To file for a restraining order (also called a “protective order”) in the state of California, you must know which type you are asking for.
There are three ways a restraining order can protect you:
- Personal Conduct orders. These orders are meant to stop threatening acts against the protected person(s).
- “Stay-Away” orders. This keeps the restrained person a specific distance away from the protected person(s).
- Residence Exclusion orders (also known as “kick-out” or “move out” orders). If the person you are filing a restraining order against has committed domestic violence and shares a residence with you, then you can file this type of order which forces the restrained to leave the residence until the hearing. This type of order can also be enforced in cases of dependent elderly abuse.
How to File a Restraining Order in San Jose
All you have to do is fill out the specified court forms for the type of restraining order you would like to file, have the restrained served the documents, and wait for a court date. For more detailed steps on how best to prepare, contact an attorney for restraining orders.
How to Win a Restraining Order Hearing in California
To win a restraining order hearing in California, you need to present your case in an organized and convincing manner, making sure that all evidence is properly presented and that any witnesses or documents are ready to be presented. You should also be prepared to answer the other party's questions and respond to any arguments they make.
Additionally, you should be aware of the California law regarding restraining orders, which states that the petitioner must prove their allegations to the court with clear and convincing evidence. Finally, if the judge grants the order, make sure to follow all orders that are stated in the restraining order.
What is the Burden of Proof For Restraining Orders?
In order to obtain a restraining order, the petitioner must prove their allegations to the court with clear and convincing evidence. Clear and convincing evidence is a higher standard of proof than a preponderance of the evidence, which is required in civil cases. This means that the petitioner must provide evidence that shows it is more likely than not that the allegations are true.
What Should You Expect at a Restraining Order Hearing?
At a restraining order hearing, you can expect the judge to listen to both sides of the case before making a decision. You should be prepared to present your case, including any evidence or witnesses that support your case. You may also be required to answer questions posed by the other party's attorney. The judge will consider the facts presented, the evidence, and any witness testimonies before making a decision. Ultimately, the judge will decide whether the restraining order is necessary and, if so, what the terms of the order will be.
Call our office today at (408) 844-4016 or contact us online to schedule a free consultation today.
“Nick has helped me and my family on multiple occasions, he is incredibly professional and will always look out for your best interest. I highly recommend talking to him and seeing how he can help your case.”
Contact a Restraining Order Attorney for More Information
Whether you are filing for a restraining order, or you have been wrongfully served with one, know that the Law Offices of Thomas Nicholas Cvietkovich have one of the best attorneys for restraining orders. Our restraining order attorney is ready to work hard to ensure your safety and quality of life.
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