Apparently, it does appear that there are sometimes "domestic violence restraining orders" filed that are specious or not really appearing valid. On the other hand, there are some cases that are so bad, we wonder why no DV TRO had not been filed prior?
I believe that I have seen and filed quite a few DV TRO cases, and my recollection is that they were granted...No attorney should really be filing a DV TRO for a case where it is not warranted. I have seen many people file such cases, but then not get the TRO granted in the end. If judge denies or drops a TRO, usually there is a good reason.
While attorney does understand that some people file TRO cases but they are lying about the facts, I have seen many of them that did contain valid issues but a judge would not grant the TRO, and that's likely when the client would call me. DV TRO cases can be very very messy and involved depending on the circumstances but there are ways and methods to substantiate almost anything if one has enough knowledge to do it. Since most clients are not attorneys, they may fail to use certain facts and then insert data that has no bearing on the facts. This should be avoided.
Further, it is possible to get a non-clets order on the same case if the facts are not quite sufficient to rise to the level of a DV TRO, there can still be a partial stay away to some degree, or some other conditions which are not that stringent; this is usually done between attorneys (in my opinion)....so if you believe you need a DV TRO but the Facilitator's won't help you,
I do offer free consultations on family law issues and DV cases.
