YOU NEED HELP TO DEFEND  AGAINST A TRO?

Attorney David A. Casey, El Cajon, CA

Law office located at:

365 Broadway, Suite 203.  El Cajon, California

Telephone (619) 447-6780  - E-mail:  Familylaw1@aol.co

1. Divorce - Contested vs. Un-Contested.         2. Child Custody.       3. Child Support.    4. Spousal Support.      5. Restraining Orders.    6. Challenging Restraining Orders (TRO).     7. Attorney Fees (who will pay) 8. Contempt Actions - Enforcing a court order.    9. Paternity Action.    10. Child Support Enforcement .  (DCSS and the District Attorney office)   11. Loss of Driver's License.   12.  Custody Evaluation.   12. Wage Assignment orders    13.  General common legal terms.   14. Legal terms used in a divorce proceeding

YOU NEED HELP TO DEFEND  AGAINST A TRO !!! 

IMPORTANT!!!  If you been served with a Temporary Restraining Order for Domestic Violence having this against you can have a SERIOUS affect on your rights to have custody,  various employment  opportunities and the right to own a firearm.  In California, the CLET order can also include a child protective order which can restrict you from all contact with your child(ren). 

Defenses litigation against a TRO is not cheap especially  if you want  to  have the best opportunity of defeating the charges.   One of the most difficult problem to overcome is that judges, for the most part, usually take the approach of being safe than running the risk of something happening.  Although this is a realistic approach,  in many cases, a TRO is not needed.   Since these are serious charges,  you want to be sure that you have an attorney who can protect your rights.   There are many legal means that can be used to defend you including depositions, subpoena of records, etc.   When there are criminal charges against you,  the attorney  can sometimes work with the District attorney to lessen the charges or drop them altogether based on if there are any prior histories,  and the seriousness of the charges.    

The best defense until you have spoken with an attorney, is to never to tell the police anything.  Basically, what you say can and will be used against you.   Your statements could be misinterpreted.  Even if you feel that what you say is the most innocent,  you do not know how it is perceived by others.   You should use your conditional right to remain silent.   This does not mean you going to get off if you did something wrong, but it could mean you are not going to convict yourself.

Retainers for defending a  TRO, start at $1800.00, however, if other legal work is needed, such as depositions, declarations, the fee will be higher.  This is based on the specifics of your case and the retainer will not be set until you have consulted with the attorney.  The retainer is based upon the seriousness of the charges,  the time needed to prepare for the case including document preparation, and the court appearances that may be needed. 

I would strongly suggest to seek an experience family law attorney to protect your interest as much as possible.  Not only might you be facing criminal charges, the civil aspect of  a restraining order will affect your rights!!  The cost of having an attorney might seem high, but for most individuals it is well worth the expense.     

Family Code Section 3044:

(a) Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child's siblings within the previous five years, there is a rebuttal presumption that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic violence is detrimental to the best interest of the child, pursuant to Section 3011. This presumption may only be rebutted by a preponderance of the evidence.

(b) In determining whether the presumption set forth in subdivision (a) has been overcome, the court shall consider all of the following factors:

(1) Whether the perpetrator of domestic violence has demonstrated that giving sole or joint physical or legal custody of a child to the perpetrator is in the best interest of the child. In determining the best interest of the child, the preference for frequent and continuing contact with both parents, as set forth in subdivision (b) of Section 3020, or with the noncustodial parent, as set forth in paragraph (1) of subdivision (a) of Section 3040, may not be used to rebut the presumption, in whole or in part.

(2) Whether the perpetrator has successfully completed a batterer' s treatment program that meets the criteria outlined in subdivision (c) of Section 1203.097 of the Penal Code.

(3) Whether the perpetrator has successfully completed a program of alcohol or drug abuse counseling if the court determines that counseling is appropriate.

(4) Whether the perpetrator has successfully completed a parenting class if the court determines the class to be appropriate.

(5) Whether the perpetrator is on probation or parole, and whether he or she has complied with the terms and conditions of probation or parole.

(6) Whether the perpetrator is restrained by a protective order or restraining order, and whether he or she has complied with its terms and conditions.

(7) Whether the perpetrator of domestic violence has committed any further acts of domestic violence.

(c) For purposes of this section, a person has "perpetrated domestic violence" when he or she is found by the court to have intentionally or recklessly caused or attempted to cause bodily injury, or sexual assault, or to have placed a person in reasonable apprehension of imminent serious bodily injury to that person or to another, or to have engaged in any behavior involving, but not limited to, threatening, striking, harassing, destroying personal property or disturbing the peace of another, for which a court may issue an ex parte order pursuant to Section 6320 to protect the other party seeking custody of the child or to protect the child and the child's siblings.

(d) (1) For purposes of this section, the requirement of a finding by the court shall be satisfied by, among other things, and not limited to, evidence that a party seeking custody has been convicted within the previous five years, after a trial or a plea of guilty or no contest, of any crime against the other party that comes within the definition of domestic violence contained in Section 6211 and of abuse contained in Section 6203, including, but not limited to, a crime described in subdivision (e) of Section 243 of, or Section 261, 262, 273.5, 422, or 646.9 of, the Penal Code.

(2) The requirement of a finding by the court shall also be satisfied if any court, whether that court hears or has heard the child custody proceedings or not, has made a finding pursuant to subdivision (a) based on conduct occurring within the previous five years.

not base its findings solely on conclusions reached by a child custody evaluator or on the recommendation of the Family Court Services staff, but shall consider any relevant, admissible evidence submitted by the parties

(f) In any custody or restraining order proceeding in which a party has alleged that the other party has perpetrated domestic violence in accordance with the terms of this section, the court shall inform the parties of the existence of this section and shall give them a copy of this section prior to any custody mediation in the case.