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Notice Of Motion And Motion For Order To Modify Or Terminate Injunction L1034 - California

Notice Of Motion And Motion For Order To Modify Or Terminate Injunction Form. This is a California form and can be used in Civil Orange Local County .
 Fillable pdf Last Modified 7/24/2013
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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address): FOR COURT USE ONLY Telephone No.: E-Mail Address (Optional): ATTORNEY FOR (Name): Fax No. (Optional): Bar No: SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE JUSTICE CENTER: Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045 Harbor-Newport Beach Facility - 4601 Jamboree Rd., Newport Beach, CA 92660-2595 North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500 th West - 8141 13 Street, Westminster, CA 92683-4593 PETITIONER: RESPONDENT: Civil Harassment, Workplace Violence, Transitional Housing, Private Postsecondary School Violence NOTICE OF MOTION AND MOTION FOR ORDER TO MODIFY ORDER TO TERMINATE RESTRAINING ORDER/INJUNCTION CASE NUMBER: NOT TO BE USED FOR DOMESTIC VIOLENCE Date of Hearing: Time: Dept.: I request that the co urt make an order to modify the Restraining Order/Injunction Prohibiting Harassment. Amende d order attached. I request that the court make an order to terminate the Restraining Order/Injunction Prohibiting Harassment. An order to Terminate Restraining Order/Injunction Prohibiting Harassment is attached. I am the petitioner DECLARATION respondent in this action. I am asking the court to modify the Restraining Order/Injunction Prohibiting Harassment as follows: I have revised and attached: Form CH-130 ­ Civil Harassment Restraining Order after Hearing Form WV-130 ­ Workplace Violence Restraining Order after Hearing Form TH-130 ­ Order after Hearing (Transitional Housing Misconduct) Form SV-130 ­ Private Postsecondary School Violence Restraining Order After Hearing in accordance to the i nstructions provided on page 2 of this fo rm. I realize that I will ne ed to serve a copy of any corrected order to the agencies that I listed on my original order. I am asking the court to terminate the Restraining Order to Stop Harassment for the following reason(s): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) Approved for Optional Use L-1034 (Rev. July 2013) _____________________________ NOTICE OF MOTION AND MOTION FOR ORDER TO MODIFY OR TERMINATE RESTRAINING ORDER/INJUNCTION Page 1 of 2 Code of Civ. Proc. §§ 527.6, 527.8, 527.85, 533 Health & Safety Code §50585 (SIGNATURE OF DECLARANT) American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR FILING AND SERVING THIS NOTICE OF MOTION -NOT TO BE USED FOR DOMESTIC VIOLENCEThe following information is intended only as a guideline to assist you in making your motion to the court. Delivery or mailing of the motion to the other side is called `service' of the motion. This form does not take the place of reading the required code sections or rules of court. You are still expected to know the law that applies to your motion. It is recommended that you seek the advice of an attorney. 1. How is notice given? Code of Civil Procedure (CCP) section 1005 (b) states that the motion must be personally delivered to each opposing side at least 16 court days before the hearing on the motion, OR mailed to each opposing side at least 16 court days plus 5 calendar days before the hearing on the motion. Service is extended if served outside California or the United States. The motion must be filed with the court at least 16 court days before the hearing. Service can only be done by an adult 18 yea rs or older who is NOT a party to the ca se. The person serving the document must complete and sign the proof of service form located below. 2. How do I obtain the correct department, date and time for the hearing? You can find the information on the court's website at www.occourts.org or contact the clerk at the Justice Center where your case is filed. Make sure you choose a date that is within the time frame of CCP 1005. 3. Is there a filing fee for the Motion? Yes, check the current Court fee schedule. If you cannot afford the filing fee, you may qualify for a waiver of court fees and costs. 4. How do I obtain an Order? You must have your proposed order prepared and ready for the judge to sign. If you are changing an existing order, use the appropriate Judicial Council form (i.e.CH-130, WV-130, TH-130, or SV-130) and type or write the word "AMENDED" in front of the form title (locate d at the top and the bottom of the form). Fo r example: AMENDED Civil Harassment Restraining Order after Hearing. If you are requesting the Court to terminate the Restraining Order, you will need to use the local Court form, L 1281, Order to Terminate Restraining Order/Injunction. PROOF OF SERVICE 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served this Notice of Motion and Motion for Order to Modify or Terminate Restraining Order/Injunction as follows: a. Personal delivery. I personally delivered the above mentioned document as follows: (1) Name of person served: (2) Address where served: (3) Date served: (4) Time served: Mail. I deposited the above mentioned document in the Unite d States mail, in a seale d envelope with postage fully b. prepaid. The envelope was addressed as follows: (1) Name of person served: (2) Address: (3) Date of mailing: (4) Place of mailing (city and state): (5) I am a resident of or employed in the county where this mailing took place. My residence or business address is (specify): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ____________________________ ____ _________________________ (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Approved for Optional Use L-1034 (Rev. July 2013) NOTICE OF MOTION AND MOTION FOR ORDER TO MODIFY OR TERMINATE RESTRAINING ORDER/INJUNCTION Page 2 of 2 Code of Civ. Proc. §§ 527.6, 527.8, 527.85, 533 Health & Safety Code §50585 American LegalNet, Inc. www.FormsWorkFlow.com
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