The effective San Diego restraining order lawyer has the expertise that helps people win their case.
Lawyer David Pflaum successfully defends people who were served with a temporary restraining order (TRO) that is unjustified. He skillfully represents people who were victims of harassment or a credible threat of harm and require the TRO protection.
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Professional service begins with a consultation analyze the case and determine the proper order of proof for trial. A TRO hearing is like a mini trial. The petitioner who filed the TRO, and the person who received it, are entitled to present their version of the case to a trial judge.
The case is won based upon an advanced knowledge of evidence and trial procedure, direct testimony, cross examination, witnesses, declarations, demonstrative exhibits, photos, videos, diagrams, emails and legal argument that persuades the judge to dismiss the case, or make the TRO permanent for up to five years, as the client requests.
Experience makes the difference: TRO trial results.
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THE RECOMMENDED
SAN DIEGO TEMPORARY RESTRAINING ORDER LAWYER
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Speak directly with attorney Pflaum @ 760-806-4333
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Information About The TRO Process
To receive approval for a TRO, the petitioner alleges by declaration that she or he is the credible victim of harassment or a credible threat of harm. The TRO may include preventing conduct by the respondent, ordering the respondent to stay away from the petitioner and his or her family, home, work and school, and other miscellaneous orders as the judge deems appropriate.
A TRO is issued by the judge without notice (ex parte) 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. 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 proof with clear and convincing evidence that there is justification for the TRO to become permanent. The respondent must be prepared to dispute the justification for making TRO permanent.
For the statutory law, see Code of Civil Procedure 527.6