A well known trial lawyer for a restraining order in San Diego, also known as a “Civil Harassment Hearing” and a “TRO,” David Pflaum relies on the trial skills he has developed for more than 25 years to help his clients get the best possible results.
For more information about the TRO/civil harassment process click here: TRO/civil harassment trials.
1. LIVE-IN GIRLFRIEND ACCUSES HER BOYFRIEND OF RAPE
The client lived with and financially supported his girlfriend who was out of work and unable to find a job. When the client advised his girlfriend that he could no longer support her financially and she had to find another place to live, she filed a request for a temporary restraining order in which she accused him of rape.
Through the course of investigation, however, and during the OSC hearing, attorney Pflaum proved to the court that the girlfriend never reported the alleged rape, never called the police, never sought medical attention, and was angry at our client for terminating their romantic relationship.
The attorney also relied on the testimony of the girlfriend’s son who confirmed that his mother never appeared to have been physically harmed, that our client was kind, caring and had long history of supporting the petitioner.
The judge dismissed the temporary restraining order. (In re Matter of R.J.)
2. ACCUSATION OF PHYSICAL ATTACK
The client was accused of attacking the complaining witness with a knife, throwing her down to the ground, and domestic violence.
During the hearing, Mr. Pflaum cross-examined the complaining witness extensively and was able to demonstrate to the satisfaction of the judge that the complaining witness was not believable. She changed her story, never called the police to report the alleged violence, and ultimately admitted that she filed her TRO papers in court just to make an impact on the respondent and draw attention to herself.
The civil restraining order was dismissed. (In re matter of C.P.)
3. TERRIFYING HARASSMENT
The client and his wife were being harassed by the wife’s ex-husband, a retired police officer still packing heat in the form of numerous rifles and handguns.
During a trial that lasted over the course of three months and involved the testimony of 7 witnesses, we proved through the presentation of evidence that included video, tape recordings and email messages that our clients were the victims of numerous credible threats and were badly intimidated by the ex-husband.
The judge ordered the respondent/ex-husband to surrender all of his firearms and granted our clients a permanent protective order for three years. (In re matter of M.S.)
4. A THREAT TO KILL
Our client was served with a restraining order that claimed he threatened to kill two other people.
We met with the client, his family members and witnesses, reviewed the temporary restraining order paperwork and arrest report, contacted the petitioner and went to trial.
We presented credible testimony denying the allegations of threats and aggressively cross examined the petitioner.
After hearing the testimonies and examining the evidence, the judge denied the request for a permanent restraining order. (In re matter of J.N.)
5. THREATS OF HARM
Our client was served notice that there was a temporary restraining order being filed by his daughter-in- law. The restraining order alleged that our client had made death threats against her and her family.
We represented our client effectively and aggressively, proving by witness testimony and evidence that our client had never made any threats.
The restraining order was not issued. The losing side was ordered to reimburse our client for all legal fees. (In re matter of C.D.)
6. NEIGHBOR DISPUTE
Our client and her son were involved in some altercations with the neighbors who filed a TRO. We arranged for our client and the neighbors to mediate their dispute, or settle it out of court, by sitting down with a neutral judge and working out a solution that made every one satisfied.
As a result the TRO was dismissed. (In re matter of S.B.)
7. THREATS, VIOLENCE AND BROKEN JEWELRY
Our client was served with a restraining order by his girlfriend of two years. She accused our client of hitting her, threatening her, pushing her into the bushes , and breaking her jewelry.
We investigated the case and found out that petitioner owed our client over $6000 and did not want to pay it back. She therefore had a financial motive to file the restraining order to make sure our client could not contact her to collect the debt.
We went to trial, cross examined the petitioner who admitted that she owed money and did not want to pay it back.
The judge dismissed the temporary restraining order. (In re matter of D.T.)
Our client was served with a TRO from her boyfriend, who she no longer wanted to see. We gathered evidence, prepared for trial, and appeared at trial.
Prior to trial beginning, we agreed with the other party to dismiss the TRO in exchange for an agreement that neither person would contact the other. (In re matter of M.W.)
9. FEUDING NEIGHBORS
Our client was served with a restraining order from his neighbor. The neighbor accused the client of interfering with his regular activities, personal harassment, and causing him to be afraid.
Through investigation of the facts, we discovered that the person’s claims were not true and the request for a TRO was denied.
The neighbor was ordered to pay our client money for the damages and attorney’s fees. (In re matter of L.C.)
10. EX-GIRLFRIEND UPSET AT HER BOYFRIEND DUE TO JEALOUSY
Our client was served with a restraining order by his ex-girlfriend. The client was accused by his ex-girlfriend of vandalism and making threats. We met with the client and his witnesses and prepared the case for trial.
We appeared ready for trial. The request for a permanent restraining order was dismissed. (In re matter of F.M.)
11. SEPARATED HUSBAND AND WIFE
Our client was served with a restraining order by his wife who had moved out of the house. The client’s wife accused him of poisoning her, hitting her and causing bruises. We investigated the case and prepared for trial.
At trial we cross-examined the wife vigorously based upon her allegations and the declarations that she filed with her TRO paperwork.
We were able to prove to the judge that her story was totally unbelievable.
Therefore the judge dismissed the request for a permanent restraining order. (In re matter of J.S.)
12. SEXUAL HARASSMENT
Our client was served with a restraining order from a female neighbor he did not even know. The female neighbor accused him of sexually harassing her.
We interviewed our client and witnesses. We discovered that the female neighbor’s boyfriend was charged with driving under the influence of alcohol and a hit and run, and that she blamed our client for his arrest because our client’s car was damaged by the neighbor’s boyfriend.
At trial we proved that our client did nothing wrong and that the female neighbor who filed the restraining order was blaming our client for her boyfriend’s problems.
The judge dismissed the request for a permanent restraining order. (In re matter of F.R.)
13. NEIGHBOR HARASSMENT
Our client was served with a retraining order by a disgruntled neighbor making all sorts of outrageous complaints about our client going back two years. She accused him of threatening and attacking her and her 5 year old son, and purposely making all sorts of noise to disturb her.
We investigated her background, appeared in court on behalf of our client and proved not only the allegations were unsupported by any credible evidence, but that there was no future threat of harm.
The judge dismissed the request for a permanent restraining order. (In re matter of P.A.)
14. PHYSICAL ABUSE
The client was charged with harassing and physically abusing two people. Both of the people testified during the trial.
As a result of cross examination, the two people were found to be incredible and not entitled to protection. The judge denied their request for a restraining order and ordered them to pay the client’s attorney fees. (In re matter of L.G.)
15. THREATS OF PHYSICAL HARM
Our client was accused of beating another woman and threatening to attack her in the future.
We met with the client, prepared her for trial, and introduced evidence that showed our client was actually the victim of a crime, and that the other woman had a motive to lie because she was mad at our client’s boyfriend.
During cross examination of the petitioner, the attorney was able to prove to the judge that the petitioner’s testimony was not believable.
As a result the judge dismissed the case with prejudice. (In re matter of M.J.)
16. THREATS OF PHYSICAL HARM BECAUSE OF JEALOUSY
Our client was served with a restraining order from a female neighbor. She was accusing our client of threatening to harm her because she was having an affair with our client’s husband.
We met with the client and her witness, gathered evidence and prepared the case for trial.
During the trial, we cross examined the petitioner and presented the evidence, and proved to the judge that the petitioner was not telling the truth.
The judge denied the request for a permanent restraining order. (In re matter of B.O.)
17. NEIGHBOR ARGUMENT
Our client was served with a TRO from a neighbor who, it turned out during trial, was actually the person doing all of the harassment.
We prepared the case for the trial, appeared in court on behalf of our client, presented testimony from a witness on behalf of our client, cross examined the opposing witness, and showed the court that the TRO was not justified.
The court agreed and dismissed the TRO against our client. (In re matter of K.H.).
18. FEAR DUE TO CREDIBLE THREATS OF HARM
The clients were victims of an ongoing campaign of credible threats of harm and filed a TRO for protection against two respondents.
We interviewed four witnesses and prepared them for the trial process. We also photographed the scene of the threats and investigated the background of the two respondents and learned that one of the respondents was facing felony charges of making terrorist threats to another person.
The respondents vigorously denied the allegations. We went to trial and were successful in convincing the judge to extend the protection of the TRO for 180 days. (In re matter of S.B.)
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*Legal Disclaimer about Testimonials and Prior Results
All oral and written testimonials and descriptions of previous results are intended only to provide information about attorney David Pflaum, the opinions of his clients and those who work with him, and the results of many of the legal matters that David Pflaum has handled. Neither the oral or written testimonials nor the previous results are intended to, and should not be construed to, provide an express or implied guarantee or prediction about the outcome of your legal matter. The outcome of all legal matters depend upon on a variety of factors including the specific facts of the case, the background of the client, the laws that apply to the legal matter, the position of the prosecuting agency, other parties, witnesses, evidence and victims. The same or similar results cannot be obtained in every legal matter undertaken by David Pflaum, though he does his very best in every case to succeed on behalf of his client.
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