Restraining Orders Aattorney

Can I handle the restraining order myself?

An individual is always allowed to handle their own case. Even filling out the basic paperwork yourself is easy. But it is important to prepare the paperwork carefully. The problems are how to prepare it correctly, strategically and adequately. If you simply tell all the facts, you may have said too much. If you write down too little, you may not be granted temporary orders. The court self-help staff will only assist you with paperwork but will not offer strategies for the best way to prepare it. 

Do I need a lawyer to represent me?

Before we discuss each of the different types of restraining orders in further detail, you should understand the reasons why you should consider  hiring  a lawyer to represent you. First, if the opposing party has an attorney, and you do not, you should expect to lose your side of the case, which will be explained below. Knowing the procedures and laws may be critical to not lose  the case just because the other party hires an attorney.
 

When a new case is filed, the court will either issue temporary orders or it will decline to issue temporary orders, for a brief period of time, pending the  trial or long cause hearing. 

The defendant needs to be served with legal process, meaning all the restraining order papers, which is often done by the local sheriff or other police agency, usually with no fee to serve based on the type of case, but service of process may be done privately as well. Next, if you need witnesses, such as law enforcement officers to come to court, a subpoena will need to be prepared and served, well ahead of time before trial. Other witnesses may be compelled to testify by serving a subpoena as well,  if they are reluctant to become involved. If you need documents or video footage  to be subpoenaed to support your evidence to defend or prosecute a restraining order, these should be subpoenaed as early as possible, because  it takes time to process them and they must be properly served. A subpoena must be properly prepared and served on the correct individual or it will not be acceptable. An experienced attorney can help you decide if you need subpoenas, the proper party upon whom they must be served, the time frame required to receive responsive documents and how they will be best used at trial. An experienced attorney will review your evidence carefully and sift through your testimony and evidence to best prepare your side of the trial or hearing. 
 

An experienced attorney will take the time to sit down with you to prepare you before trial, which, among other things, includes how to answer questions carefully.

Random answers or rambling on is not allowed and usually a person who does that can expect to lose their case. First, expect direct examination, then cross-examination, to start, with question, answer, question, answer. Witnesses are called in the order best strategized by the attorney. Objections are based on the Evidence Code and can severely limit your testimony if you do not know how to answer. An experienced attorney who has prepared you will assist you with properly worded questions so your side of the case can be fully presented. Your attorney will also raise objections and state grounds for limiting evidence and testimony which fall outside the Evidence Code and established procedures. Your attorney can also make oral or written motions in limine, before the trial, and during the trial, to limit the introduction of incompetent evidence, certain hearsay matters, documentary evidence and improper testimony of unqualified witnesses. All of these are critical to win your case. Your attorney will also introduce any exhibits and documents which must be properly handled for the court to enter them into evidence. Failure to properly introduce exhibits will often cause the judge to reject them. Remember, if the opposing party has an attorney, they will be doing all these things to win their side of the trial or hearing. Also, a common mistake non-lawyers make is automatically expecting a judge to review a police report, which is hearsay because the law enforcement officer wasn’t present and did not see or hear the facts surrounding the incident; they only write down what has been said into a report. If the opposing side has a lawyer who objects to hearsay, expect the judge to not view your police report.

You need a highly experienced attorney for your hearing or trial.

Give our office a call
209-522-7500