E-File Temporary Restraining Orders
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Interested in obtaining a temporary restraining order without leaving the safety and security of your own home? Would you like to avoid the anxiety and frsutration of spending an entire day at the court facilitator’s office for a temporary restraining order? need help filling out effective tremporary restraining order dicuments without having to retain an attorney?
Let the Law Office of Brian Cochran help you! You (and your children, pets) are worth it! From your computer, smart phone or tablet you can contact our office, pay with an ATM, credit card, or Venmo and you can receive a court filed temporary restraining order via email from the comfort and safety of your home or smart phone, upon the approval of a family law judge. Returns are next day with times subject to change due to court’s calendaring.
Common Questions and Answers:
How does our office work? Our office will prepare, process and file your Request for a Domestic Violence Restraining order documents. We will process your case in a similar fashion to the Facilitator’s Office, without the wait, stress or hassle. Just like the Facilitator’s Office at the court house, Brian Cochran, CFLS will not be your attorney of record.
Your documents will be prepared, processed and filed by a paralegal under the supervision of Brian Cochran, CFLS. Before this can happen, you will have to provide to paralegal detailed information that describes the domestic violence.
You will remain a Self Represented Litigant or In Pro Per throughout the entire duration of your case, unless you choose to hire our Law Office in a separate agreement. Brian Cochran, CFLS will supervise and approve paralegal’s work, per Business and Professions Code § 6450-6456. In this way, we keep your legal fees and costs low and affordable.
What is Business and Professions Code § 6450-6456? Unlike most freelance paralegals that operate unlawfully, without the supervision and direction of an active member of the State Bar, our paralegal services are superior in that they are supervised and approved by Brian Cochran, CFLS. Brian Cochran, CFLS is a Certified Family Law Specialist practicing family law in San Diego since 1982.
What does Self Represented Litigant or In Pro Per mean?
Brian Cochran, CFLS is not your attorney of record? Brian Cochran, CFLS will not appear at any court hearings and/or trials on your behalf unless you enter into a separate agreement with our office. You will not have Brian Cochran, CFLS at your court hearings and/or trial to defend your rights. Once prepared and filed with Court, if the Judge grants your orders, you will receive a Court hearing date, approximately 21 days from the date of filing. YOU will represent yourself at that hearing, unless you decide to retain legal counsel.
How do I retain Brian Cochran, CFLS for my domestic violence restraining order if I decide later on I want representation? You will need to sign a separate domestic fee agreement with Brian Cochran, CFLS and pay a separate retainer to Brian Cochran, CFLS. Initial retainers are tailored per unique client matter depending on the complexity of your individual case.
How can a Temporary Restraining Order protect me, my children and/or pets? A restraining order is a court order issued to prevent the recurrence of acts of abuse of threats by a batterer. Under the Domestic Violence Prevention Act, abuse is defined as any of the following:
Intentionally or recklessly causing or attempting to cause bodily injury.
Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
Engaging in any behavior that has been or could be illegal such as molesting, attacking, striking, stalking, threatening, battering, harassing, destroying personal property, contacting the other by mail, telephone, or otherwise, disturbing the peace of the other party.
What are the requirements needed to obtain a temporary Domestic Violence Restraining Order? You MUST have, or have had, a close personal relationship with the party you are asking to have restrained.
Under the law, a relationship is defined as “close” if at least one of the following is true:
• You are married or were formerly married to the other party.
• You have or formerly had an engagement or dating relationship with the other party.
• You and the other party have a child or children together.
• You are related to the other party by blood, marriage or adoption, e.g., (mother, father, in-laws, siblings, adult children).
• You and the other party are living together, or formerly lived together, as members of a “household.”
What can my temporary restraining order include? Restraints on personal conduct by the batterer; orders for the batterer to stay away from the victim’s home/work and/or children’s school; orders for the batterer to be removed from the residence; child custody and visitation and support orders and other miscellaneous orders, such as protection for household pets.
Why should I consider e-file with Brian Cochran, CFLS instead of the court facilitator or retaining an attorney?
The reasons are many:
1.) low and affordable cost.
2.) comfort, safety and security of home.
3.) effective and attorney supervised and approved paralegal work, per Business and Professions Code § 6450-6456.
The court will grant you a temporary restraining order if the facts you provide will prevent the recurrence of acts of abuse of threats. If you do not provide facts and information that constitute as domestic violence, you will not be granted a Temporary Restraining Order even if you retain paralegal services of our law office. Retaining paralegal services does not guarantee you a temporary restraining order.
4.) less wait and hassle. Assistance at the facilitator is provided on a first come, first served basis. Often times many people are turned away or asked to come back the next day.
Sessions for walk in assistance fill up quickly so applicants have to arrive early and be prepared to wait for long hours.
5.) the cost of retaining an attorney for a Temporary Restraining Order is customarily $1500.00 to start your case.
More money is usually needed if the initial retainer of $1500.00 is exhausted. There is no flat rate work, billed at an attorney’s hourly rate.
What type of information do I have to provide for my Request for a Domestic Violence Temporary Restraining Order?
It is important and imperative that you provide detailed information when describing acts of domestic violence to the court. Avoid general statements such as, “he/she hits me”. If physical and bodily abuse is what you are attempting to describe, make sure to include the date(s), time(s) and description(s) of the abuse.
Include witnesses, police involvement and/or medical reports. In this manner, you will effectively convey to the court that you (and your family) are victims of domestic violence that require protection.