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Sample opposition to request for domestic violence restraining order in California

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This sample opposition to request for domestic violence restraining order in California is used to oppose a request for a domestic violence restraining order in California on the grounds that (1) the Petitioner has failed to meet their burden of showing reasonable proof of a past act or acts of abuse as required by California law and (2) the conduct of the opposing party does not constitute domestic violence and the law in California clearly states that the purpose of a domestic violence restraining order namely Family Code § 6300 is to prevent a recurrence of domestic violence and to ensure a period of separation of the parties involved. The sample on which this preview is based is 13 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017. Note that the author is NOT an attorney and no guarantee or warranty is provided.

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Sample opposition to request for domestic violence restraining order in California

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _________________ Any Plaintiff, Plaintiff, vs. Any Defendants, and DOES 1-5, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RESPONSE TO REQUEST FOR DOMESTIC VIOLENCE RESTRAINING ORDER DECLARATION OF __________, EXHIBITS DATE: TIME: DEPT: To subscribe to my FREE weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. To view over 300 sample legal documents sold by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro Be sure to remove this notice and all other notices before using this document. - 1 - POINTS AND AUTHORITIES-RESPONSE TO REQUEST FOR RESTRAINING ORDER
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You should file and serve your response and supporting documents at least two (2) days before the hearing if possible. You need to complete Judicial Council Form DV120-Response to Request for Domestic Violence Restraining Order by clicking the link below. http://www.courts.ca.gov/documents/dv120.pdf MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS Petitioner, ____________ (“Petitioner”) filed his Request for a Domestic Violence Restraining Order on __________ (“Request”). The Request filed by Petitioner requests that Petitioner and his current girlfriend ____________ (“________”) be protected and that Respondent be restrained from certain conduct. The Request was heard on ______ and was granted. See the Request and temporary orders on file. The Request filed with the Court at Item ___ alleges that Respondent, ______ broke into his house and physically abused him on _____ and previously stopped by his house uninvited. Respondent denies all of the allegations made by the Petitioner in the Request and does not agree with any of the requested orders. Respondent contends that she arrived at the house of the Petitioner on ___________ after work under the impression that Petitioner was alone in his house and that the two would spend the night together as Petitioner and Respondent had recently started to date again and were intimate with - 2 - POINTS AND AUTHORITIES-RESPONSE TO REQUEST FOR RESTRAINING ORDER
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 each other again. See the declaration of ___________ (“Decl.”) at ¶ 4 concurrently filed and served herewith and incorporated herein by reference. Respondent also contends that the Petitioner has previously acted very abusive towards her and slapped and pushed her around to the point that she had bruises on her face. Respondent further contends that the Petitioner had recently requested that she come over to his house several times and even seriously proposed that the both of them begin dating again, and that Petitioner on several occasions even used the online service known as Uber to pick Respondent up and deliver her to his home. See the Decl. at ¶ 5 concurrently filed and served herewith and incorporated herein by reference. Respondent contends that she also suffered injuries on _________ when the Petitioner threw her on the floor and told her to leave. He then threw her against the washing machine where she hit her head. He ignored her cries that she was hurt and bleeding and continued to push her in an aggressive manner. See the Decl. at ¶ 6 concurrently filed and served herewith and incorporated herein by reference. Respondent also contends that the injuries suffered by the Petitioner were directly caused by his pushing her with a mattress and otherwise pushing her in a very aggressive manner. See the Decl. at ¶ 7 concurrently filed and served herewith and incorporated herein by reference. To purchase the entire 13 page document visit: https://legaldocspro.myshopify.com/products/sample-opposition-to- request-for-domestic-violence-restraining-order-in-california - 3 - POINTS AND AUTHORITIES-RESPONSE TO REQUEST FOR RESTRAINING ORDER

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