The effective San Diego lawyer for a temporary restraining order has the expertise that helps people win their case. Lawyer David Pflaum expertly defends people who were served with a temporary restraining order (TRO) that is not justified. He effectively represents people who were victims of a threat, assault or harassment and need the protection of a TRO.
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Service begins with a consultation to examine the TRO papers and determine the proper order of proof for trial. The TRO hearing is a mini trial without a jury. The petitioner who filed the TRO, and the respondent who is restrained, present their case to a trial judge.
The case is won by the proper presentation of witness statements, demonstrative exhibits, declarations, diagrams, emails, photographs, texts, reports, records, and testimony of the petitioner and respondent. The experienced trial lawyer relies on the rules of Evidence and Trial Practice to convince the judge to dismiss the TRO, or to make it permanent for up to five years, depending on the client’s request.
Experience makes the difference: trial results.
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THE RECOMMENDED SAN DIEGO LAWYER
FOR A TEMPORARY RESTRAINING ORDER
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Speak directly with attorney Pflaum @ Call 760-806-4333
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DETAILS ABOUT THE TEMPORARY RESTRAINING ORDER PROCESS
A TRO is issued by the judge without notice to the person being restrained based on a credible declaration that shows reasonable proof of harassment or a credible threat of harm. When a judge issues a TRO, the judge also schedules another court date for a hearing called an Order to Show Cause, also known as an OSC. The OSC hearing is commonly scheduled within 21 days after the TRO petition is filed and approved.
At the OSC hearing, the petitioner has the burden of proving with clear and convincing evidence that there is justification for the temporary restraining order to become permanent. The respondent must be prepared to challenge the extension of the TRO.
For more information about the restraining order law, click on Code of Civil Procedure 527.6