Temporary Restraining Orders
If you fear for your safety, you should speak to a skilled San Diego restraining order lawyer about getting a temporary restraining order (TRO). Since a TRO against you may seriously limit your activities, you should also consult an attorney if someone tries to take a restraining order out against you. With nearly 30 years of experience in the San Diego area, experienced restraining order lawyer Roseline D. Feral has the skill and understanding to handle your case.The Role of Temporary Restraining Orders
A restraining order is a civil order that may be sought by an individual who believes that they are in danger of being sexually or physically abused, harassed, or stalked. A TRO is designed to provide immediate, emergency relief on a short-term basis by protecting someone from a threatening or violent person. A TRO is appropriate when there is a risk that irreparable harm will take place too soon to be prevented by a standard motion for an injunction, which typically takes three weeks.
TROs may be appropriate in cases involving domestic violence, child abuse, elder abuse, failed business relationships, and other situations in which a person or the person’s property may be at risk of harm. The statutory authorization for a TRO as well as a preliminary injunction may be found in Code of Civil Procedure section 527. Furthermore, California Rule of Court 3.1150 also governs preliminary injunctions, and California Rules of Court 3.1200 through 3.1207 govern ex-parte notices. The person seeking the TRO is known as the petitioner, whereas the person potentially being restrained is known as the respondent.
To obtain a TRO, you will need to complete certain paperwork and tell the judge about your situation and why you need this type of protective order. If the judge believes that you are at risk of harm, they will grant you a TRO. It is important to note that your attorney or you must be personally present when a request for a TRO is made.
TROs typically last between 20 and 25 days until the court hearing. At the hearing, the judge will determine if there is sufficient evidence to grant you a permanent restraining order. A permanent restraining order requires a higher burden of proof than a TRO.
A TRO may be granted ex parte if the petitioner establishes a threat of a serious or permanent injury. This simply means that a TRO may be granted without notice to the other party if the applicant shows, through an affidavit or a verified complaint, that a great or irreparable injury would result. It may be useful to be aware that harm to real property is considered irreparable, due to the presumption that each piece of land is unique.Consult a Restraining Order Lawyer in the San Diego Area
If you need help getting or defending against a temporary restraining order, you should not delay in reaching out to a seasoned attorney who can help you through the process. San Diego restraining order attorney Roseline D. Feral understands the nuances of this area of the law and can put her knowledge and experience to use in your case. Our office represents people in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, El Cajon, La Mesa, Bonita, National City, Valley Center, and Vista, as well as other Southern California cities. You can feel free to contact us online or call our office at 619-232-1010, or call Attorney Feral directly at 619-301-1191, to set up a free consultation with a restraining order or criminal defense attorney.