Domestic violence related Restraining Orders are a huge problem, and if you either need to fight one, or obtain one, be forewarned-- it's sometimes easy to GET a TRO, and defending against them is best reserved for defense attorneys or at least attorneys who know litigation and not just "settlement." Attorney herein has A very high rate of wins in bringing a Dv Case forward and also in defending errant Dv cases....attorney also has criminal defense experience (i.e., handling gang case, accusations of crimes, criminal informant cases, wrongful DV cases, etc. etc.)
From a defense perspective, very few TRO claims are readily settled--clients are either too upset, too physically harmed, or they made up facts in order to get back at a spouse. Attorney has seen plenty of vindictive TROs over the years. Often Judges just rubberstamp them, and issue them for 3 years.
Beware if you need to defend against a DV TRO, because a spouse or partner can be most difficult to work with. Knowing that, you will need a lot of help to prevail.
Make sure your attorney can properly defend and fight for you. If not, you stand to lose quite a bit, both financially, and emotionally.
If the DV TRO is issued against a party, that party cannot presumptively be the custodial parent, especially if criminal charges are filed.
This means that automatically, unless proven otherwise, you are likely out of the picture as custodial parent, even if you already were the custodial parent. This would probably require a trial to change that. And depending on how bad you lose the case--- you may be in for a real shock to find that you will not be getting what you want visitation wise, especially if you have engaged in physical violence or otherwise illegal conduct which rises to a level that is not acceptable.
Attorney has seen rather worthless DV TRO cases filed, but has also seen plenty of viable cases filed for good cause. IF you have found that a DV TRO was filed against you, be very careful in your methods of trying to solve the problem. Attorney has seen some litigants resort to horrendous behavior that borders on extortion or attempted bribery.
This should never happen and will definitely not make your case easier. If the case is litigated, you better obtain someone who knows family law and restraining orders, and has done a lot of them.
Especially if you actually have caused harm, and it is not disputable, you will be in for a very rude awakening the hard way.
This is not new to attorney herein. Even if judges have tightened up on handing out DV TROs, the majority of judges know bad or illegal behavior when they see it.
The best defense in such a case is to be prepared ahead of time, not after the fact. Make sure your attorney is not simply focused on settling everything while you lose out. Much of divorce these days requires the ability to litigate for the client. Settling does not always work.
While some cases might result in a modification of the order, many of the cases do not, and many litigants attempting to win at trial on these cases will in fact, lose.
Note: We always notice when there is a spike in readership on TRO DV cases, because the litigants will usually look at attorney's blog for information. This has happened for many years, as attorney has done DV TRO cases for quite some time. DV TRO cases are supposed to be heard by Judges, but if a commissioner is assigned, especially for trial, this normally requires a specific stipulation You can check the case of Settlemire in San Luis Obispo.
