Whether you are bringing a restraining order against someone else or you need to defend yourself against a restraining order, there are 5 things you need to know in order to give yourself the best opportunity to win your San Diego County restraining order case. These 5 rules apply to both civil restraining orders and domestic violence restraining orders (DVROs) throughout San Diego.
- Know the Burden
In every restraining order case, the plaintiff has the burden of proof. This means that the plaintiff (the person who filed the restraining order) must prove in court sufficient facts to form the basis of the restraining order. The burden in a civil restraining order is clear and convincing. In other words, the need for the restraining order against the defendant must be clear and convincing. The plaintiff must know how much and what kind of evidence is enough. The defendant must know whether the plaintiff has met the burden and whether to submit more evidence as a defense.
2. Know the Law
The law that applies to civil and domestic violence restraining orders is different and complex. Some of the most important law is not found on the court forms and not even in the statutes. This makes it extremely difficult for those who don’t know the law to make strong and persuasive legal arguments to the judge at the time of the trial in San Diego restraining orders. What’s more, frequently it is exactly the law that should be emphasized over the facts in order to maximize one’s chance of winning.
3. Know the Procedure
Many judges and courts handle restraining orders differently. Even within the County of San Diego, judges may run their restraining order calendars differently. Some judges want to proceed immediately with oral testimony of witnesses. Other judges go straight to argument. Knowing your judges and the proper procedure will maximize your ability to win your case.
4. Know the Evidence
The person who wins the restraining order is likely to know the evidence best, and also know how to use the evidence and present the evidence in a convincing manner. Frequently, pro per litigants (those who represent themselves without an attorney) in a restraining order case will present too much evidence. Other litigants will present too little evidence. Still others present evidence that is irrelevant or unhelpful to their case. The kind and amount evidence you present may depend on whether you are the plaintiff or defendant.
5. Know When to Get Help
The best way to maximize your ability to win your San Diego restraining order case is to know when you are in over your head. Chances are you have questions about how to proceed that could be answered by a knowledgeable and experienced San Diego restraining order attorney. A good lawyer can mean the difference between winning and losing.
If you have a restraining order in San Diego County, including East County, South County, or North County, contact Tate Lounsbery to get answers to your questions and the help you need to win.
