The effective lawyer for a temporary restraining order in El Cajon has the expertise that makes the difference for people.
Lawyer David Pflaum skillfully defends people who receive a temporary restraining order (a TRO) that is not justified by the facts or law.
He effectively asserts the rights of people who were harassed, threatened or assaulted and need the protection of a TRO.
SERVICE AMD STRATEGY
Service begins with a consultation to examine the TRO papers, analyze the facts and determine the right order of proof for trial.
A TRO hearing is like a mini trial without a jury.
The petitioner who filed the TRO application, and the respondent who is restrained, are entitled to present their case to a trial judge.
Lawyer Pflaum relies on the rules of Civil Practice and Evidence Procedure to persuade the judge to dismiss the TRO, or to extend it for up to five years, depending on his client’s position.
Click on TRO trial results for more information.
WINNING THE TRIAL
The strengths and the weaknesses of the temporary restraining order case are proven at trial through various methods.
These are some strategical themes that attorney Pflaum may rely on to win the TRO hearing for the petitioner or the respondent, depending on his client’s status in the case.
- Insufficiency of the evidence for a permanent restraining order
- Ulterior motive for filing the TRO
- Lack of credibility of the petitioner or respondent
- Victim of harassment with corroboration
- Victim of a credible threat of harm
- Witness bias
Additionally, the trial is won by reliance on direct testimony, cross examination, the right presentation of evidence, court records, witnesses, demonstrative exhibits, and a persuasive presentation on behalf of the client’s request.
THE RECOMMENDED LAWYER
FOR A RESTRAINING ORDER IN EL CAJON
Call 760-806-4333
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WHO MAY QUALIFY FOR A TRO
A person may seek a TRO by providing a credible declaration showing she or he is the victim of harassment or a threat of harm.
The restraining order can include preventing personal conduct by the respondent, order the respondent to stay away from the petitioner, the petitioner’s family, the petitioner’s home/work and/or children’s school, and other miscellaneous orders as the judge deems proper.
For further information about restraining orders click on Code of Civil Procedure 527.6.
THE APPLICATION FOR A TRO
When a judge makes a decision to issue a TRO, the judge schedules another hearing called an Order to Show Cause hearing, also known as an OSC.
The OSC is scheduled within 21 days after the petition is filed and approved.
At the OSC, the petitioner has the burden of proving with clear and convincing evidence that there is a need for the temporary restraining order to become permanent.
The respondent must be prepared to convince the judge to dismiss the TRO.