Get And Sign Restraining Order Fresno Ca Form
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How do you get a restraining order
FAQs restraining order forms online
How do I respond to a request for a restraining order? Do I need to fill out a form?As asked of me specifically;The others are right, you will likely need a lawyer. But to answer your question, there is a response form to respond to a restraining order or order of protection. Worst case the form is available at the courthouse where your hearing is set to be heard in, typically at the appropriate clerk's window, which may vary, so ask any of the clerk's when you get there.You only have so many days to respond, and it will specify in the signNowwork.You will also have to appear in court on the date your hearing is scheduled.Most courts have a department that will help you respond to forms at no cost. I figure you are asking because you can't afford an attorney which is completely understandable.The problem is that if you aren't represented and the other person is successful in getting a temporary restraining order made permanent in the hearing you will not be allowed at any of the places the petitioner goes, without risking arrest.I hope this helps.Not given as legal advice-
Can legal aid help me fill out the forms for a restraining order?Yes, your area domestic violence shelter can assist you as well. Even if you are not needing shelter you can utilize their other services such as legal assistance, support groups etc. Click this blue link to find your local domestic violence shelter. Find Domestic Violence and Abuse Help, Information and Stats
What proof do you need to get a restraining order against someone?Absolutely nothing beyond the word of the complainant. I heard about something known as an "ex parte" restraining order, and even asked several professionals on Quora. A court can kick you out of your home from a few wekks to a few motnhs without even hearing you first.Completely biased against the accused. If you go to the same university, workplace as the accuser or live in the same house, you will not be able to go there, on pain of a criminal penalty. Furthermore, you will have to bear the costs of finding a temporary residence. People who obtain orders under false testimonies are almsot never prosecuted, because "who's got time for that?"If you are rich enough to still be able to affoard a lawyer after having your life become a complete mess, you can sue them for dmaages in civil court, which means they might spend a day or two in jail.....Yeah, scary right? Legislators havent even implemented mandatory minimum sentences for abusing ex parte orders.
How do I evict my drug-addicted relative who refuses to leave?I've done what you asked. Relatives you love are tough to throw out. I threw my oldest son out who refused to leave.Finally I went to the courthouse. There is a window that says restraining orders. You're handed a long form and you have to fill out in detail why you want your relative evicted. You then go in front of a judge. He/she reads it and makes a decision. Be sure you have examples of what this relative is doing to disrupt your life. Don't say silly things. The judge is looking for actions that are disrupting your life in a negative way.Once the judge signs the restraining order, police will come out to your house and force the person to leave. If the person violates the order they go directly to jail. This wont be pleasant, don't tell your relative what you're about to do. This will save an emotional pleading asking you not to follow thru.Good luck,Mike
How easy is it to buy a gun in the US?Depends on the state, depends on your age and your background. Let's assume you are not a felon or suffering from mental illness. You have not been dishonourably discharged from the military and have no documented history of drug use or domestic violence. Although you are a Brit, let's assume you are allowed to work and live in the USA and have permanent residence there (green card is fine, you are NOT there in tourism, studying or business). Let's also assume you do not want to open carry (carry your gun in public unconcealed) or closed carry (carry your gun in public but concealed) as they require additional permits.Federal law says licensed firearms dealers cannot sell a handgun to someone under 21. There is an exception - private sellers. If you were to go to a gun show and buy off a private seller, or even used the internet to find a seller with Craigslist or whatever, you could do that legally at 18. However, as you say buying in a licensed gun shop, that is who we shall deal with in each state.In Alabama you can walk into a gun shop and buy a semi automatic pistol as in your example without a license. You don't need a permit to purchase. You don't need an owner license. There are no background checks required for private sales either. There is no cooling off period (minimum number of days till you can buy another gun), nor is there a waiting period between buying the gun ad actually being handed it over, nor do you have to pass a proficiency test when purchasing the weapon. The only “difficulty” will be that you will have to show ID to the gun shop owner to prove you are over 21 (and if you look old enough, you won't even be asked for that).if you want to buy a long gun or a shotgun, you only need to be 18.Licensed gun shops have to use an automatic background check on you, but again, as you are not a any of the things described in the first paragraph, you are all fine. The form is ATF 4473, which has 15 simple questions on it. The gun shop use the ATF website to check your form against the database. It is a near instant process after submitting it before being approved And with that you are ready to go. AL.com worked out that you could buy a handgun in 20 minutes in such a way.AK has the same laws, as do AZ, AR, DE, GA, ID, IN, KS, KY, LA, ME, MI, MS, MO, MT, NV, NH, NM, ND, OH, OK, OR, PA, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WYCO is equally easy, but you will not be allowed to purchase a high capacity magazine (holds more than 15 rounds) for your gun.So in answer to your question, there are 36 states where it is as simple as your question states to buy a handgun from a shop.FL is equally easy, but there is a three to five day waiting period between your purchasing the gun and being allowed to actually collect it from the shop in a handful of counties.Of the states in which the answer to your question is “no, rather harder”:CA requires a firearm safety certificate after a written test to purchase a handgun, although no owner license is required. Magazines containing more than ten rounds of ammo are illegal. A brief practical exam “safe handling demonstration” (demonstration proving knowledge of how to handle a firearm safely) is also required. You can only buy one handgun a month, and there is a ten day waiting period between buying a gun and being able to take it home.CT requires a certificate of eligibility for pistols and revolvers in order for you to be allowed to purchase a handgun. You cannot own magazines containing more than ten rounds.DC formerly banned handguns (refused registration after 1976). That has now been overturned. You still need to pass a rigorous and detailed test to get a certificate to buy a handgun though. You cannot buy magazines with more than ten rounds. There is a ten day waiting period between buying the gun and being able to take it home. You can only buy one gun a month.HI requires you to get a license to buy a handgun. There is a ten day waiting period before you can collect your gun.IL requires you to have a FOID card, which is basically a license, in order to buy. There is a three day wait between buying a handgun and taking it home. In Chicago you can only buy one gun each month (they formerly banned all sales within the city).IA requires you to he a permit to buy a handgun, and to wait three days before collecting it.MD requires you to have a license to buy a handgun. It is illegal to buy or sell magazines of over ten rounds in MD, however you may legally buy a larger magazine outside the state and bring it back, as long as you do not then give it to someone else within MD. you can only buy one gun a month and must wait 7 days before collecting a purchased handgun.MA requires a license to buy. Magazines of over ten rounds are prohibited unless you buy one made before 1994.MN requires a license to buy, and a week’s waiting period before collecting the gun.NE requires a license to buy,NJ requires a license to buy. Only one handgun can be bought in a month. There is a 15 round limit for magazines. There is a week’s waiting period between purchasing a gun and being able to collect it.NY requires a license to buy. Magazines containing more than 7 rounds cannot be purchased. If you bought a 10 round magazine prior to 2013, you may continue to use it, but it is a felony to put more than seven rounds in one of these ten round magazines. NYC only allows you to get one handgun every here months.NC requires a license for buying.RI requires a license and a seven day waiting period before you can pick up your gun.In summary: in two thirds of the states in the US, it is indeed very easy to buy one or indeed multiple guns as long as you are not breaking federal laws in the first paragraph.The laws regarding concealed/open carry/long guns/private sellers are obviously different
How do I put on a restraining order?In the USA: go to your local court and file for a restraining order (RO). Some courts have a “facilitator” which may help you with this.Requests for an RO are usually “emergency” filings which are heard very quickly. If your case is compelling, a judge will issue a “temporary restraining order” (TRO).The TRO will order the restrained party (RP) what they can/cannot do. You can find examples online.The TRO becomes effective after you serve it on the restrained party. You cannot do this yourself; get help on how to do this properly.The TRO will specify a date for a court hearing. Both parties need to show up on that date. If you are fearful of the other person and don’t want to appear in court with the RP, there are procedures available to assist you — ask at the court.At the court hearing, a judge will consider your complaint and the RP’s response. If you win, the TRO will become an RO. If you lose, the TRO is cancelled and the other party is no longer restrained.If the RO is issued, violating it is criminal matter and the RP can be arrested. If you feel they have violated it, call the police.
What is it like to have a restraining order put against you?When people usually talk about restraining orders, they usually mean an "order of protection." This is an order from a judge that keeps you away from a person, or a place. Depending on the circumstances, you might be prevented from communicating with the person by mail or telephone, email or text. Restraining orders are common in domestic violence situations, and in divorce proceedings. If you are restricted from being near a person, you will also be restricted from being at places where that person normally goes, like their job, their school, their home, or even their favorite bar. This can have a big effect on your life. If you run into the person somewhere public, you will have to drop what you are doing and leave the area, or the person can call the cops / sheriff, who will show up and arrest you for violating the judges order. You also can't contact the person, talk to them, send them mail, etc, depending on the scope of the restraining order. If you are divorcing and trying to sell a house, you might have to use third parties (like lawyers) to communicate. In Illinois, you can receive a restraining order from a judge after you are accused of a crime, like beating up your wife, or stealing something from a store, or if you are accused of harassing someone but have not been arrested or charged with a crime.If you violate the judges order to stay away, then you will be arrested and have a criminal case for a violation of an order of protection. That can lead to jail time or fines, depending on your record and the underlying circumstances of your case. Restraining orders are, for reasons of public policy, are very easy to obtain. In Illinois, emergency temporary orders of protection can be granted without you being present (even though you will be notified of the order and given a hearing a few weeks into the future.) Restraining orders generally won't show up on a criminal background check done by an employer screening an applicant for a job, unless there is an associated criminal conviction. But people will assume you are some sort of troublemaker once they hear someone took out a restraining order against you. It's human nature! Once someone has a restraining order against you, you will have a chance to be heard by the judge, but often this won't happen for weeks after you are given notice of the judges order. Until the judge hears both sides of the issue and makes a ruling for a longer term order, however, your rights will be effected, even if you "didn't do anything wrong" or it is a misunderstanding. If you don't show up to defend yourself, the judge will grant "the petitioner" - the person requesting the order of protection - whatever they are asking for. In Illinois, these types of orders usually last for two years. Imagine you couldn't go some place in your town for two years, or constantly had to worry about running into someone at the mall. That would really suck. Restraining orders can also effect your job. If you drive a UPS truck and have to go all over town with deliveries, imagine how difficult your job would be if you couldn't go within a certain distance of a specific address. Imagine that address is the biggest building in your town, with many businesses sharing offices there. That would be a lot of deliveries you potentially couldn't make, and that might cause you trouble at work. If you are restrained from your own home, you will have to find somewhere to live for weeks or months until the issue is resolved. During the mean time, you'll have your life disrupted quite a bit. Although usually the judge will grant you an opportunity to recover your personal belongings, like clothes, as long as there is a sheriff or some other court appointed chaperone present to make sure you don't stir up any trouble. Use your imagination. In almost every way, a restraining order sucks, and you don't want to be involved in the situation. tl:dr - being restrained from going to places or being near people or talking to people deprives you of your liberty, and puts you at risk for jail time. Avoid this kind of trouble.
How do you go about getting a restraining order against an absentee’s deadbeat father who will not stop disturbing your life in MN?Taken from Minnesota Judicial Branch Domestic Abuse and Harrassment and contains all the info you need plus links to the law. PS, it is very easily found in a Google search.“What is Harassment under Minnesota lawRegardless of the relationship between the parties, under MN Statutes § 609.748, harassment is defined as:a single incident of physical or sexual assault;repeated incidents (more than one) of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security or privacy of another (e.g., repeated phone calls, following a person, repeatedly coming to the Petitioner’s home after having been asked not to do so);targeted residential picketing; ORa pattern of attending public events after being notified that their presence is harassing to anotherWho can file?The Petitioner does not have to have had a personal relationship with the Respondent. An adult can ask the court (petition) for an order for themselves or on behalf of their minor children if there have been incidents of harassment against their children.The Respondent could be any adult(s) or juvenile(s) alleged to have engaged in harassment, OR an organization alleged to have sponsored or promoted harassment.NOTE: A harassment restraining order is a matter handled in civil court and is brought by an individual seeking protection. A "no contact order" is a type of order usually issued by a judge in criminal court that orders the criminal defendant not to have contact with someone.Back to topHow to get a Harassment Restraining OrderRead the law on harassment restraining orders at MN Statutes s. 609.748.If you believe that someone is harassing you, you may ask the court for a Harassment Restraining Order. This order can help:prevent further harassment,order the Respondent not to contact you and your family at any time, andallow police to arrest the Respondent without a warrant for violations of the order.A victim does not have to report the harassment to the police to ask for a court order. Depending on the facts, there may be a filing fee to start a harassment case, which may be waived if you qualify based on low-income for a fee waiver (IFP). See Forms & Instructions to Ask for a Harassment Restraining Order.If you start a case, you are called the "Petitioner" and the person who committed the acts is called the "Respondent."Where to file?You can start a Harassment case in the District Court of the county where:you or the Respondent lives, ORthe harassment occurred;You must write details in your petition form about how:the Respondent has physically or sexually assaulted you (only one incident is required); ORthe Respondent has done acts, words, or gestures on at least two different days, ANDthe actions have caused, or were intended to cause, substantial adverse effect upon your safety, security or privacyStep 1: Complete your Petition for Harassment Restraining Order forms and take them to the courthouse to be filed either where you or the Respondent lives, or where the harassment occurred.Step 2: A "signing judge" will review your Petition forms and will decide if a Harassment Restraining Order should be issued and whether a hearing will be required.The judge will sign an order that does one of three things:Dismissal - meaning that the incidents you described in your signNows do not rise to the level of harassment. In order to re-file, there will need to be a new incident or incidents that you believe are harassment.Denial - meaning that a temporary order is not granted, but you may request a hearing to present your case to the judge.Ex Parte Harassment Restraining Order - meaning that a temporary two-year order is granted without a hearing.Step 3: If a temporary Harassment Restraining Order was NOT issued, the parties may request a hearing within 20 days from when the petition was served. It a temporary Harassment Restraining Order was issued, the Respondent may request a hearing within 45 days from when the order was issued.”
What signNowwork do I have to fill out to get a mutual restraining order removed?The best bet is to get an attorney. There are also some low cost legal aid societies. The family court clerk might also help you out. Clerks are usually not supposed to answer legal questions, but they might point you in the right direction.