Modern society develops rapidly and provides various scenarios of constructing healthy relations. Still, some people appeal to barbarian methods of winning somebody’s attention and making others obey their wishes, notwithstanding the cruelty of means and consequences. It is not quite investigated what aspects transfer impunity and overindulgence into violence. However, state officials and social representatives try their best to support the person’s protection and ensure emotional rehabilitation.
In this review, we are dwelling upon protective measures of restraining order procedures, how one can claim protective benefits, and rebuild their confidence and security. Therefore, if your feelings and health have ever been shattered by someone abusing their physical and emotional power, placing you in the condition of a breakdown and hazard, ensure to visit the Self-Help (Abuse and Harassment) section on courts.ca.gov official website to seek professional assistance.
In return, we offer you to learn about the primary steps any attacked person should follow to claim protection, restraining measures, and security in Kern County. Read about restraining order requests and the service procedure you are likely to undergo to change your life and the lives of your family for the better.
To request the out-of-state service, the plaintiff should fulfill the below-listed steps:
In this survey, we are going to cover two “How to Fill Out” sections dedicated to completing a restraining order and preparing the instruction letter for service of out-of-state documents satisfying the demands of Kern County, CA.
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If you have reasons to assume that your situation can be eligible to seek protection in court from a person that has committed violence against you, ensure to complete this restraining order request form. Follow the guide and submit only correct, truthful information not to be pursued for libel.
Introduce the Person Seeking Protection
Enter the potential plaintiff’s complete name, age, and address. If you have a lawful representative, insert their name and full address.
Specify the Court Address
Enter the court address yourself and let the court specify the case number in the referenced boxes once the request form is completed. Ensure to specify the case number info at the top of each page.
Define the Defendant
Use Unit 2 to submit the potential defendant’s details. List the name, age, and address of the person you seek protection from.
Name Other Protected Persons
Whether you wish to list other family members who need protection from the person defined in Unit 2, list their names, sex, age, relation, and living circumstances. If you need additional space to explain the answers, check the boxes offered in this section and attach extra sheet(s) if needed.
Specify Your Relations with the Potential Defendant
Here, you are empowered to enter the type of relations you and the person defined in Unit 2 have. For additional space, check the box and write the answer on a separate sheet. Attach additional papers.
Explain the Venue
Give your reasons why you have chosen this county to file the request. Choose from the variants offered in the section.
Share Info About Other Cases (If Any)
If you or anyone listed above has ever been involved in other court cases with the person from Unit 2, share the details on the lines provided. Specify the kind of case, period, and case number.
Checkbox point “b” if there are current restrictions upon the person indicated in Unit 2.
Describe the Harassment
In Unit 7, the applicant should explain the nature of harassment and give valid details that can affect issuing a restraining order. Include the following:
Select the Protective Measures You Claim
Use Units 8-9 to check the orders you request. Select from these alternatives:
Describe the Gun Possession
Describe any fact known to you about firearm weapons that the person defined by Unit 2 owns. In case the court judges to your credit, this person will be restricted from having and conducting a firearm.
Claim the Temporary Restraining Order
You can request a temporary restraining order to be protected from the person defined by Unit 2 until the hearing is conducted. Use Unit 11 boxes to submit your choices. If you refuse, explain your decision.
Request for a Shorter Service Period
If you wish to claim a shorter service period, ensure to deliver the required documents to the person defined by Unit 2 not later than five days before the hearing. Make notice in Unit 12 and use the spare lines to explain your decision.
Revise the Fees and Expenses Policy
Explain your assumptions regarding the fees policy and check all appropriate boxes to claim exemption.
Apply for Animal Possession and Protection
If you have common animals with the person identified in Unit 2, you are empowered to claim animal possession and protection. Give your reasons and explain your concerns regarding animals.
Request Extra Restraining Orders (If Needed)
Here, you can list any additional orders you want the court to issue. Give the list on the spare lines and use an attached sheet if you need more space.
Authorize the Protection Request Form
Complete the request template by authorizing your request. In Unit 17, you need to provide the following steps:
The Restraining Order Request form is one of the mandatory documents that should be compiled and filed together with the Instruction Letter and fees with the Kern Sheriff’s Office to be served. Follow our review to understand the Instruction Letter filling procedure.
Before you file the collected documents with the court, the original papers should be provided to the Kern County Sheriff’s Office, including an extra copy for the sheriff. Below you will find a thorough guide that must be executed in a printed manner, excluding the “Signature” units. The papers must be acknowledged by the attorney of record or the plaintiff (if there is no attorney). We empower you to use our latest software to tailor a valid request form.
Identify the Plaintiff and the Defendant
Use the first line to enter the parties’ full legal names.
Court Case Specifications
Use the line to specify the case number assigned by the court.
Determine the Arm of Court
Here, the applicant should enter the name and address of the arm of the court where the hearing will be held.
Specify the Hearing Details
Up next, the applicant needs to specify the court hearing date and the last date for service. Ensure to submit the required set of papers to the Kern County Sheriff’s Office in advance. The office must receive the indicated documents at least ten days before the service deadline.
Define the Acknowledgement Details
Check “Yes” or “No” if you wish the notary to witness the proof of service. The notary should be present if the plaintiff’s court requests their acknowledgment. In this case, initial the “Yes” variant and ensure notary fees are made.
List of Papers to Serve
On these lines, the plaintiff should list all papers that Kern County Sheriff Office is expected to serve. Name the document or submit the form’s number.
Identify the Recipients
Use this section to introduce and submit the names and living details of the recipients. Complete the request by entering the data as follows:
The instruction letter offers two positions to identify the defendant(s). If the plaintiff wishes to list more persons, they can attach an extra sheet with all defendants’ details.
If you reasonably assume that the defendant may pose a threat, please, checkbox the appropriate slot.
Define the Substituted Service Details
This section contains the notification if the substitute service is accomplished (see the checkbox). It also comprises the address for the return info. Indicate the name and address where the substitute service proof should be delivered, including:
Authorize the Instruction Letter for Service of Out of State (Kern County) Documents
The final step of preparing the request is appending the signature and dating the paper. Let the attorney of record sign the application and place their printed name below.
If there is no attorney, the plaintiff should sign the request themselves, print their name at the bottom of the page, and place the calendar date.
Following by-law and Kern County regulations, the sheriff cannot confirm the service will be successful. The department cannot provide any refunds for charges under 10 USD and does not accept out-of-state waivers. Still, all the required transactions must be executed to provide the best possible service.