The right lawyer for a restraining order in Chula Vista helps people win their case.
Lawyer David Pflaum skillfully defends the rights of people who were served with a temporary restraining order (TRO) that is not justified.
He effectively represents people who have been harassed, assaulted or threatened and need the protection of a TRO.
SERVICE AND STRATEGY
Service begins with a consultation to examine the facts of the case and determine the proper order of proof for trial.
A TRO hearing is basically 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.
These are some excellent strategic themes that attorney Pflaum may rely on to win the trial for the petitioner or the respondent, depending on the client’s position in the case.
- Insufficiency of the evidence to sustain a permanent TRO
- Wrongful motive for filing the TRO application
- Proven course of harassment
- Lack of credibility of the petitioner or respondent
- Victim of a threat with corroboration
- Witness bias in favor of another
For helpful information, see the TRO trial results.
TRIAL ADVOCACY
The strengths and weaknesses of the TRO are proven by various methods of trial advocacy.
These include the right use of evidence, court exhibits, witness statements, direct testimony, cross examination, court records, and a persuasive legal argument for the client.
Attorney Pflaum also relies on the rules of Civil Practice and Evidence Procedure to convince the judge to dismiss the TRO, or to make it permanent for up to five years, as the client requests.
CALL ON THE RIGHT
RESTRAINING ORDER LAWYER IN CHULA VISTA
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760-806-4333
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MORE INFORMATION ABOUT THE TRO PROCESS
To receive a TRO the petitioner must show by credible declaration that she or he is suffering from harassment or a threat of harm.
The TRO can prevent personal conduct and 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 orders as the judge deems appropriate.
For more information about the statutory law, click on Code of Civil Procedure 527.6
THE APPLICATION FOR A TRO
A TRO is issued by a judge without notice to the person being restrained.
When a judge issues a TRO, the judge schedules another court date called an Order to Show Cause hearing, also known as an OSC, within 21 days.
At the OSC, the petitioner has the burden of proof by clear and convincing evidence that there is legal justification for the temporary restraining order to become permanent.
The respondent must be well prepared to convince the judge to dismiss the case.