The right San Diego temporary restraining order hearing attorney has the expertise that helps people win their case in court.
Attorney David Pflaum expertly defends people who were served with a temporary restraining order (TRO) that is not justified by the facts. He also represents the interests of people who were assaulted, harassed or threatened and require the protection of a TRO.
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Professional service begins with a consultation to analyze the case and determine the best order of proof for trial. A TRO hearing is like a mini trial without a jury. The petitioner who filed the request for a TRO, and the respondent who is restrained, are entitled to present their version of the case to the 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 a difference: restraining order trial results.
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THE RECOMMENDED SAN DIEGO
TEMPORARY RESTRAINING ORDER HEARING LAWYER
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Speak directly with attorney Pflaum @ 760-806-4333
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General Information About The TRO
To receive approval for a TRO the petitioner must show that he or she is suffering from harassment or a credible threat of harm 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 TRO 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 (ex parte) to the person being restrained based on an application that shows reasonable proof of harassment or a credible threat of harm. 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.
At the OSC, the petitioner has the burden of proving by clear and convincing evidence that there is legitimate legal cause for the TRO to become permanent. The respondent must be prepared to dispute the justification for extending the TRO.
For the statutory law on a temporary restraining order, click here Code of Civil Procedure 527.6