December 30, 2008 By Wallin & Klarich

Hiring a Lawyer on a Restraining Order Case Can Help You Win the Easy Way

In our San Diego criminal defense law office, we receive many calls from people who want help with restraining order matters, including both people who want to file a restraining order and people who need help defending a restraining order. These people are of course looking for help from an attorney.

On the other hand, we frequently go to court and see many people who have decided not to hire a lawyer. In fact, we are often asked whether or not someone needs a lawyer on a restraining order case. The answer is no, no one needs a lawyer on such a case. But the question is a silly one. The real question is should you have a lawyer or whether the lawyer can help you on your case. The answer is, in vast majority of cases, a lawyer can help you win your case.

Let’s look at an example. If you are served with a California domestic violence temporary restraining order and given a date to appear in court for trial, the court will sometimes assume that it has the power over you to issue a restraining order. But this is not necessarily true. You see, there are situations when, despite actual service of the paperwork, you are under not under the court’s authority.

These situations include facts where the person who served the paperwork was not legally allowed to do so. The trouble a person without a lawyer can run into is that the judge might not know the law regarding legal or illegal service.

Our San Diego lawyers have experienced situations in court where the San Diego judges actually did not know the law. Now, when this happens, do you want to be the person to try to explain the law to the judge? Or would you rather have a lawyer do that for you?

Our San Diego criminal defense lawyers have handled many civil restraining order cases and domestic violence restraining order cases throughout San Diego County. They can help point you in the right direction and explain how you can use the law to your fullest advantage. If you have any questions we might be able to help you with, please do not hesitate-call us at 888-749-0034 and visit our website at

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