Law Office of Michael L. Stuart Temporary Restraining Orders



The burden of evidence is on the person who filed the Temporary Restraining Order (TRO) against you. Even though this burden is the "preponderance of the evidence" standard in domestic violence TRO cases, the Petitioner must still prove the case with substantial evidence. They must further prove that the relationship between the two of you is a "domestic relationship," as defined by the California Family Code. Also, they must demonstrate that you threatened violence, committed an act of violence, or otherwise "harassed" the Petitioner. Persons who file TRO cases are usually not represented by an attorney. Hiring an experienced defense attorney like Michael L. Stuart who has achieved several good results in TRO cases is crucial. This gives you the upper hand against your opponent and your best chance of preventing all the negative consequences associated with having a TRO granted against you in San Diego and Vista.

You have the 14 th Amendment Right to a hearing on the merits (evidence) of whether the TRO should become a permanent order or not. The permanent order could be granted for a maximum of 5 years, with the Petitioner having the option of renewing it if requested. In theory, the order could remain valid for many years, if not forever. It is vital that you hire a San Diego defense lawyer that knows how to cross-examine a witness effectively to get your side of the story across to the Judge. After the hearing, it is virtually impossible to appeal the granting of the Permanent Restraining Order. Contact Attorney Michael L. Stuart immediately to discuss your San Diego or Vista TRO case for free. All calls or emails will be promptly returned.


If you are served in person with a CH-100 form, you must abide by the temporary orders of the court to stop the "civil harassment" the Petitioner has alleged in their CH-100 paperwork. Unlike a domestic violence TRO, a Civil Harassment TRO must be proved by the Petitioner with "clear and convincing" evidence. An aggressive defense attorney like Attorney Stuart can gather, organize, and revise the proper evidence to successfully rebut what the Petitioner claims. This is essential to protect your constitutional rights for many years in the future. Other than the burden of proof, a lot of the same rules and rights of the parties that apply to domestic violence TRO hearings apply to civil harassment hearings in San Diego and Vista.


Even though Temporary Restraining Order (TRO) cases in San Diego and Vista are not criminal under the law, they can still have severe and life-long consequences. If the Judge were to grant the Petitioner a Permanent Restraining Order for usual term of 3 years, this information, along with your name, would be posted on the San Diego Sheriff's website and the Department of Justice Domestic Violence Restraining Order System until it expired. This Permanent Order would be a "CLETS" order, meaning if you violated any terms of it, the police will arrest you for a violation of Penal Code ยง 273.6. This order would also prevent you from gaining most state issued licenses, and you would not be able own or possess any firearms. If you ever were to need a background check or obtain a security clearance for future employment, you would be required to disclose the Permanent Restraining Order that was issued by a San Diego judge.

Contact Attorney Michael L. Stuart immediately to discuss your San Diego DUI case for free. All calls or emails will be promptly returned.