Domestic Violence Restraining Order Defense

San Diego Temporary Restraining Order Defense Attorneys

If you have been served with a Temporary Restraining Order (TRO) from the Family Court, it is critical to read the order carefully and follow it. Under the 14th Amendment, you have a right to a hearing to determine whether the temporary order should become permanent. TROs are serious legal matters and can affect your life for up to five years. Hiring an experienced attorney levels the playing field, especially when the petitioner is self-represented.

Attend Your Hearing

It is vital to appear at your hearing. If you fail to attend, the judge can issue the restraining order without considering your side of the story, and it can last up to three years. The hearing date is listed on the DV-109 notice, section #3.

Responding to Allegations

You must complete a DV-120 (Response to Request for Domestic Violence Restraining Order). Your response will be reviewed by the judge, so it must clearly and persuasively convey your side of the story. Even if you draft the response yourself, keep in mind that the judge is your audience.

Attach all supporting evidence and exhibits to your response, properly citing them to make it easy for the judge to review. If there is a related criminal case, consult an attorney before submitting any paperwork, as statements in the TRO case can affect your criminal case. Submit the DV-120 to the court clerk and properly serve the other party.

What to Present at the Hearing

  1. Expose False Allegations: Highlight any false claims in the TRO petition. Provide evidence such as witness statements, emails, phone records, or police reports rather than relying solely on your own statements.
  2. Identify Contradictions: Compare allegations for inconsistencies. For example, the petitioner may claim physical abuse on one page but only verbal conflicts elsewhere.
  3. Check Dates and Times: Ensure the alleged abuse dates and locations are logical. Overlapping or inconsistent incidents can undermine credibility.
  4. Prepare for New Allegations: Petitioners may introduce new claims at the hearing. Take notes and be ready to demonstrate any exaggerations or falsehoods.
  5. Know the Law: The petitioner must meet the legal standard of abuse. If their claims do not satisfy the legal definition, the order should not be granted.
  6. Show Your Positives: The judge is interested in you as a person. Share relevant facts about your responsibilities, such as work, childcare, and community involvement.
  7. Uncover Alternative Motives: If the petitioner seeks to influence custody, gain an advantage in divorce proceedings, or retaliate, provide evidence to prove ulterior motives. Unsupported claims of motive are not persuasive to the court.

Why You Need an Experienced TRO Attorney

Having a skilled attorney ensures that your response is properly prepared, evidence is presented correctly, and your rights are fully protected. Our team has extensive experience in defending clients against temporary and permanent restraining orders.

Contact LAWSTACHE LAW FIRM: Call (619) 357-6677 for a consultation with experienced TRO defense attorneys in San Diego.

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