The effective lawyer for restraining orders in San Diego helps people win the case in court.
Lawyer David Pflaum successfully defends people who receive a temporary restraining order (TRO) that is not justified by the facts.
He skillfully represents people who were victims of harassment or a threat and require the protection of a TRO.
PROFESSIONAL SERVICE AND STRATEGY
FROM THE LAWYER FOR RESTRAINING ORDERS
Service begins by meeting with the client to analyze the facts of the case and determine the best order of proof for trial.
The petitioner who filed the TRO request, and the respondent who is restrained, are entitled to present their side of the case to a judge.
These are some tactical strategies that attorney Pflaum relies on to win the case, depending on his client’s position.
- Insufficiency of the evidence to sustain a permanent order
- Ulterior motive for filing the TRO
- Victim of a credible threat with proof
- Proven course of harassing conduct
- Lack of witness corroboration
TRIAL ADVOCACY
FROM THE LAWYER FOR RESTRAINING ORDERS IN SAN DIEGO
The strategic strengths and the weaknesses of a case are proven by using various methods of skilled trial advocacy.
These include the proper presentation of evidence, demonstrative exhibits, direct testimony and cross examination, witnesses, and court records.
Lawyer Pflaum also relies on his knowledge of the rules of Civil Procedure and Trial Practice to convince the judge to dismiss the case, or to make the TRO permanent for up to five years, depending upon the client’s request.
For helpful information, see the restraining orders trial results.
THE RECOMMENDED LAWYER
FOR RESTRAINING ORDERS IN SAN DIEGO
Testimonials, Google, Avvo, Yelp
(760) 806-4333
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WHO MAY QUALIFY FOR A TRO
To receive approval for a TRO the petitioner alleges by a credible declaration that she or he has been a victim of harassment or threats.
The TRO prevents the respondent from contact with the petitioner and such other orders as the judge deems appropriate.
For the statutory law, click on Code of Civil Procedure 527.6
THE EX PARTE HEARING FOR A TRO
A TRO is issued by the judge without notice (ex parte) to the person being restrained.
When a judge makes a decision to grant a TRO, the judge schedules another hearing called an Order to Show Cause, also known as an OSC.
The OSC hearing is scheduled within 21 days after the petition is filed.
At the OSC, the petitioner has the burden of proof by clear and convincing evidence there is justification for a permanent order.
The respondent must be ready to dispute the legitimacy of making the TRO permanent.
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