The effective civil restraining order lawyer has the legal expertise that helps people win their case in court.
Lawyer David Pflaum skillfully defends the rights of people who receive a temporary civil restraining order that is not justified.
He successfully represents people who were threatened or harassed and need the protection of a temporary civil restraining order.
SERVICE AND STRATEGY
FROM THE CIVIL RESTRAINING ORDER LAWYER
Service begins with a consultation to analyze the case and determine the proper strategy for trial.
A civil restraining order hearing is basically a mini trial without a jury.
Each side, the petitioner who filed the request for a restraining order, and the respondent who was served with it, are entitled to argue their case to a trial judge.
These are some strategic themes that lawyer Pflaum emphasizes to advance the position of the petitioner or the respondent, depending on his client’s position in the case.
- Insufficient evidence to sustain a permanent restraining order
- Victim of a threat with corroboration
- Lack of credibility of the petitioner or respondent
- Wrongful motive for requesting the restraining order
- Proven course of harassing acts
- Bias of a witness against another
HOW THE TEMPORARY CIVIL RESTRAINING ORDER LAWYER
PERFORMS DURING TRIAL
The case is won by utilizing various methods of trial advocacy.
These include the right use of evidence in different formats, witness statements, demonstrative exhibits, court records, testimony and cross examination of the petitioner and respondent, and a persuasive legal argument for the client.
Lawyer Pflaum also relies heavily on his experience, the laws of Civil Procedure, and the rules of Trial Practice to convince the judge to dismiss the restraining order, or make it permanent for up to five years, as the client requests.
For helpful information, click on civil restraining order results.
THE RECOMMENDED
TEMPORARY CIVIL RESTRAINING ORDER LAWYER
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(760) 806-4333
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WHO MAY QUALIFY FOR A CIVIL RESTRAINING ORDER
To receive a civil restraining order, the petitioner must show by declaration that s/he is suffering from harassment or a threat of harm.
The restraining order can include preventing personal conduct by the respondent, order the respondent to stay away from the petitioner, the petitioners family, the petitioners home/work and/or children, and other miscellaneous orders.
For the statutory law click on Code of Civil Procedure 527.6.
THE EX PARTE APPLICATION FOR A CIVIL RESTRAINING ORDER
A civil restraining order is issued by the judge without notice (ex parte) to the person being restrained.
When a judge makes a decision to grant a temporary restraining order, the judge schedules another hearing called an Order to Show Cause, also known as an OSC.
The OSC hearing is commonly scheduled within 21 days after the petition is filed.
The pandemic may affect the timing of the OSC.
At the OSC, the petitioner has the burden of proof by the standard of clear and convincing evidence that there is a legal need for the temporary restraining order to become permanent.
The respondent must be prepared to dispute the justification for making the order permanent.
(760) 806-4333
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