The right temporary restraining order lawyer (TRO) with over 25 years expertise, David Pflaum helps win the case if you have received court papers ordering you to stay away from someone or some place.
Attorney Pflaum also helps if you need protection from civil harassment or a threat of harm from another person and require your own TRO.
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HOW THE TEMPORARY RESTRAINING ORDER LAWYER HELPS HIS CLIENT WIN THE CASE
The successful temporary restraining order lawyer has decades of experience in trial that he relies on to get the best possible results.
Evidence. A temporary restraining order hearing is like a trial without a jury. The petitioner and the respondent present their version of the case to the judge.
Attorney Pflaum relies on the rules of evidence to explain to the judge the reasons to dismiss the TRO, or to make the TRO permanent, depending upon the facts and evidence in the case and the client’s request.
The judge then makes a decision in court whether the TRO should be dismissed or should become a permanent restraining order for up to three years.
Preparation. Mr. Pflaum meets extensively with his client to examine the case and determine the right strategy.
He helps his client and witnesses prepare to testify and to produce documents, photographs, letters, emails, and other evidence that the lawyer presents to the judge during trial to persuade the judge to dismiss, or make permanent, the TRO.
WINNING STRATEGIES FOR A TEMPORARY RESTRAINING ORDER HEARING
The best strategies to have a judge dismiss a TRO, or to make the TRO permanent, depend upon the circumstances of the case.
Every case is different. Each client is unique.
Generally these strategies are the most common ones that Mr. Pflaum relies on to either dismiss or extend the TRO.
- No proof of service
- No imminent threat of future harm
- Lack of witness credibility
- Insufficiency of the evidence
- Lack of corroboration
- Failure to meet the burden of proof
- Bias of a witness
- Motive to fabricate
- Inconsistent facts
- No objective proof
- Financial interest
- Ulterior motive
Presentation. The best type of trial presentation depends upon the declaration that was filed in court in support of the TRO, the supporting proof in writing, if any, police reports, exhibits, evidence, and the testimony of witnesses.
Both the strengths and the weaknesses of a case can be shown in many ways including direct examination of testimony, recordings, voicemail messages, facebook posts, letters, testimony, photographs, text messages, written statements, and especially through vigorous cross examination of witnesses by attorney Pflaum.
WHO MAY QUALIFY FOR A TEMPORARY RESTRAINING ORDER
To gain a TRO the petitioner must be able to show that he or she correctly filed and served the TRO paperwork, 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.
For more information about the restraining order statute click here: Code of Civil Procedure 527.6
THE EX PARTE HEARING FOR A TRO
A temporary restraining order may be issued by the judge with or 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 will also schedule 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 filed.
At the OSC hearing the petitioner has the burden of proving with clear and convincing evidence that there is legitimate legal cause for the TRO to become permanent.
It is also the opportunity for the respondent to show there is no legitimate legal cause for the TRO which should be dismissed.
The OSC hearing is the chance to win the case. Preparation is the key to success.
THE TEMPORARY RESTRAINING ORDER LAWYER DEDICATED TO CLIENTS RIGHTS
Temporary restraining order lawyer David Pflaum understands the stress and the needs of his clients. He has decades of experience making a positive difference for them.
Call today for a confidential consultation
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