The right Carlsbad temporary restraining order lawyer 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 skillfully represents people who were victims of a credible threat, assault, or harassment and need TRO protection.
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Professional service begins with a consultation to examine the TRO papers and determine the best order of proof for trial. The TRO hearing is a mini trial without a jury. The petitioner who filed the TRO application, and the respondent who received the court papers, are entitled to present their case to a 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 a difference: TRO trial results.
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THE RECOMMENDED CARLSBAD TEMPORARY RESTRAINING ORDER LAWYER
Call (760) 806-4333
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More Information About The Tro
To receive a TRO the petitioner must show that he or she is suffering from harassment or a credible threat of harm, and has sufficient proof to make the judge believe a TRO is necessary and proper. A person may seek a TRO if the course of conduct by another is such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial emotional distress to the petitioner.
The restraining order can include preventing conduct by the respondent, ordering the respondent to stay away from the petitioner, the petitioner’s family, home, work and school, and other miscellaneous orders as the judge deems appropriate.
A temporary restraining order may be issued by the judge without notice to the person being restrained based on a declaration that shows reasonable proof of harassment or a credible threat of harm.
When a judge makes a decision to grant a TRO, the judge schedules another court date called an Order to Show Cause hearing, also known as an OSC. The OSC is scheduled within 21 days after the TRO petition is approved by the judge. At the OSC hearing the petitioner has the burden of proving by clear and convincing evidence that there is a legitimate need for the TRO to become permanent. The respondent must be prepared to persuade the judge to dismiss the TRO.
For the restraining order statute, click on Code of Civil Procedure 527.6