A well known temporary restraining order lawyer (TRO) with over 25 years experience, David Pflaum helps win the case if you have received paperwork from the San Diego County Sheriff or a process server 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 EXPERIENCED TRO LAWYER HELPS YOU WIN YOUR CASE IN COURT
A temporary restraining order hearing is like a trial without a jury. The rules of evidence apply and each side, the petitioner and the respondent, generally gets to present their version of the case to the judge.
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.
Evidence. Attorney Pflaum uses the rules of evidence to explain to the judge the reasons to dismiss the TRO, or to extend the TRO, depending upon the facts and evidence in the case.
Preparation. Mr. Pflaum meets extensively with his client to talk about 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 extend, the TRO.
In some cases the lawyer can persuade the judge to order the losing side to pay the attorney fees of the winner.
WINNING STRATEGIES FOR TRO HEARINGS
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 win TRO hearings.
- No proof of service
- No imminent threat of future harm
- Lack of credibility
- Lack of sufficient proof
- Insufficiency of the evidence
- Lack of corroboration
- Failure to meet the burden of proof
- Bias of a witness
- Motive to lie
- 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, 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 TRO
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.
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 commonly 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 a legitimate legal need for the temporary restraining order to become permanent for up to three years.
The OSC hearing is the chance to win your case. Be prepared. Get a highly experienced legal advocate on your side to make a difference in the outcome.
SPECIAL PROCEDURES IN CRIMINAL CASES
In a criminal prosecution the court may impose a no-contact order, similar to a TRO, between the accused and the complaining witness/alleged victim.
If the complaining witness/alleged victim does not want to prosecute the accused, this information may be helpful in persuading the prosecution or the judge not to impose a no-contact order.
DEDICATION TO CLIENTS
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When you need trustworthy help with a TRO
Call (760) 806-4333
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