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Restraining Order Defense
Domestic violence can be a physical, a verbal threat of physical violence or a pattern of harassing behavior. A temporary restraining order, (TRO), can easily be filed against you and can force you to stay away from your home and children. Domestic Violence restraining orders can be filed at the Family Courthouse in downtown San Diego. TRO’s are free to file and more common than you think. TRO’s can be granted within the same day of filing and have an immediate effect on your rights to enter your home and visit your children.
Domestic violence orders are special because they require the petitioner prove the case with substantial evidence. They must prove the two of you are in a “domestic relationship” defined by the Family Code. The relationship can be very minimal, so almost anyone from your life or past life can satisfy this requirement. Someone you used to date or even live with or whom you are closely related with could easily satisfy the domestic relationship requirement and file a TRO against you. Further, the petitioner must demonstrate you threatened violence, committed an act of violence, or harassed the petitioner. Even with these requirements, the court will often grant TRO’s to air on the side of caution to protect individuals from potential harm. It is crucial that you have an attorney defend you against a TRO if one is filed against you.
Hiring an attorney to defend you in TRO case will give you the upper hand. The petitioner can schedule a hearing without notifying the defendant. Your immediate life and living situation can severely be affected in that you may not be able to step into your own home. It is best to hire an attorney to get the best results and prevent any negative consequences that may be coming your way. It is important to have an attorney represent you in these types of cases because having a TRO on your record could have an effect on your future in getting a job or passing a background check. An attorney can inform you of all your rights, one including having a hearing to determine if the restraint should be permanent. TRO’s can last up to 5 years or more. Hiring a trained attorney here in San Diego will ensure you have someone on your side that will be able to interrogate the other side and get the truth out. Further hiring an attorney will allow you to appeal the TRO if it may have been improperly granted.
Also, if you are on the other side and fear your life is in danger, it is imperative that you have an attorney properly assist you preparing the DV-100 forms to properly keep you out of danger. DV-100 forms are a request for Domestic Violence Restraining Order. This is a four-page form that describes the facts of the case to the judge and the orders you are asking the judge to make. However if an order has been filed against you, you want to tell the court your side of the story by filling out the DV-120 forms. DV-120 form is a response to request for domestic violence retraining order that should be filled out before the hearing date. It is important to have the court hear your side of the story to lift the TRO and move forward with your life.
San Diego Criminal Defense Attorney Vik Monder is highly skilled in criminal defense litigation including domestic violence. The courts take domestic violence seriously and would likely side with an exaggerated story in order to protect alleged victims of violence. You do not want to deal being forced out of your home and having to deal with the immediate effect these TRO’s have. Make sure you hire an attorney the second you are informed an action will be taken against you. Hiring an attorney will mitigate the negative consequences you may be facing. Take action for your rights, and don’t let people abuse the court system as way to retaliate against you. Hire Vik Monder here in San Diego to defend you against a TRO and any further criminal actions that may spawn from a TRO.