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Does the petitioner have a burden of proof to prove their declarations in a restraining order?

San Diego, CA |

I received a copy of declarations stating accusations of suicidal comments and threats of kidnapping. This results in a TRO being issued. Will the petitioner have to prove these declarations or is hearsay permitted?

Attorney Answers 4

  1. Yes, the Petitioner needs to prove their case. However, declarations are evidence and you will need to object to hearsay statements to keep them out. Then it is up to the judge to decide if it is really hearsay. I would suggest obtaining an attorney.

  2. Yes they will need to prove their case as they are the ones petitioning the court for relief. You do not, however, have the right to confront and cross examine witnesses against you like you would in a criminal case. Thus, declarations under penalty of perjury, may be sufficient.

    The best thing you can do is hire a locally experienced attorney, preferably one familiar with criminal defense given the underpinning of the accusations.

    Good Luck!

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

  3. Yes but The standard is not superhigh.

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
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  4. Sounds like you should consider filing a response to the petitioner's declaration from the TRO request before the hearing or, if you don't have time, request a continuance so you can prepare one. Often the only evidence in TROs is the testimony of the parties, essentially "he said, she said," so you want to make sure the court knows your side of the story. You should talk to an attorney about the legal definition of "hearsay" because there are many exceptions which can apply, particularly in TRO cases.

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