The right lawyer for restraining orders in Vista (commonly referred to as a (“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 harassment or a threat of harm from another person and require your own restraining order.
Click here for more information: previous results.
HOW THE ATTORNEY FOR RESTRAINING ORDERS IN VISTA VIGOROUSLY REPRESENTS HIS CLIENT
The successful attorney for restraining orders in Vista has decades of trial experience that he relies on to get the best possible results.
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 make the TRO permanent, 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 make permanent, the TRO.
WINNING STRATEGIES FOR RESTRAINING ORDERS IN VISTA
Attorney Pflaum works extensively to examine the evidence in the case and meet with his client and witnesses in order to determine the right course of action to win the case.
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 for either the petitioner or the respondent, depending upon the client’s preference.
- 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
- Inconsistent testimony
- 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 TEMPORARY RESTRAINING ORDERS IN VISTA
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 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 the case. Preparation is the key to success.
THE LAWYER FOR RESTRAINING ORDERS IN VISTA DEDICATED TO CLIENTS
Lawyer Pflaum has a long track record of proven success on behalf of his clients. He understands the stress and their needs.
When you need a true lawyer who makes a positive difference for his clients, we are here. Ready to help.
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – Leucadia – North County – South Bay – Hillcrest – Mission Bay – Imperial Beach – Lemon Grove – Poway – La Jolla – El Cajon – North Park – Mission Valley – Imperial Beach – Coronado – Rancho Bernardo – Rancho Santa Fe – Valley Center – Bonsall – Downtown San Diego – South Bay