The right lawyer for a temporary restraining order has the expertise that helps people win the case.
Attorney David Pflaum expertly defends people who receive a temporary restraining order (TRO) that is not justified by the facts.
He successfully serves the interests of victims who were harassed or threatened and need the protection of a TRO.
SERVICE AND STRATEGY
FROM THE LAWYER FOR A TEMPORARY RESTRAINING ORDER
Service begins with a consultation to examine the facts of the case and determine the right order of proof for trial.
The TRO hearing is basically a trial without a jury.
The petitioner who filed the TRO, and the respondent who is restrained, present their case to a trial judge.
These are some excellent strategic themes that attorney Pflaum relies on to win the trial for the petitioner or the respondent, depending on the client’s position in the case.
- Insufficiency of the evidence for a permanent restraining order
- Improper motive for filing the TRO
- Proven course of harassing conduct
- Lack of witness credibility
- Bias of a witness not to tell the truth
- Victim of a threat with corroboration
HOW THE LAWYER FOR A TEMPORARY RESTRAINING ORDER
WINS THE TRIAL
The strengths and weaknesses of the TRO case are proven by various methods of trial advocacy.
These include the proper choice and presentation of evidence, direct testimony, cross examination, witnesses, court exhibits, and a persuasive legal argument on behalf of the client.
The effective temporary restraining order lawyer also relies on the rules of Civil Procedure and Trial Practice to convince the judge to dismiss the TRO, or to make it permanent for up to five years, as the client requests.
Preparation is one key to success.
Leadership from an experienced lawyer is another.
THE RIGHT LAWYER
FOR A TEMPORARY RESTRAINING ORDER
Service people trust
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760-806-4333
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THE TEMPORARY RESTRAINING ORDER PROCESS
A TRO is issued by the judge without notice to the person being restrained based on a credible declaration that shows reasonable proof of harassment or a threat.
When a judge makes a decision to grant a TRO, the judge schedules another court date for a hearing called an Order to Show Cause, also known as an OSC.
The OSC hearing is commonly scheduled within 21 days after the TRO petition is filed and approved.
At the OSC, the petitioner must prove with clear and convincing evidence that there is a factual and legal justification for the temporary restraining order to become permanent.
The respondent must be prepared to challenge the legal justification for the TRO and convince the judge to dismiss it.
For more information about the restraining order law, see Code of Civil Procedure 527.6
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