10 TIPS on Beating a Restraining Order | San Diego | LAWSTACHE.com
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- čas přidán 9. 07. 2024
- 10-page guide on Beating DV Restraining Orders in California.
From the creator of the most watched restraining order video on CZcams. The video gained over 600,000 impressions and over 63,000 views. Anton Vialtsin published a 10-page guide on Beating DV Restraining Orders in California.
The guide discusses the burden of proof that the petitioner needs to meet and the types of “abuse” covered by the restraining order statutes, including a number of relevant California cases as examples. Finally, the ten-page guide provides tips on writing a powerful response to the petition.
Get an instant download of "Beating DV Restraining Orders in California" Guide here:
Purchase on our website at: lawstache.com/beating-dv-rest...
If you have a restraining order or no-contact order in San Diego, give us a call at 619-357-6677. You may also find additional helpful information on our site dedicated specifically to restraining order defense.
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I’m so glad this is made available for INNOCENT men/women being the victims of people abusing the court system by weaponizing laws like this against them!
I just got the order of protection dissolved by the judge! Thank you so much for this video! It helped me so much!
How did you do it?
@@mann8283 a written letter by a neutral third party who knew the actual story.
Great job Mr Stach
Keep em coming!
Thank you for your comment and support! Subscribe!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
dude, that stach is AWESOME!
I thought the same thing!
This is the best presentation I've found on this matter. Thank you 💕 for your informative step by step method for defending Against frivolous Restraining orders.
Glad it helped! Thank you for the comment and subscription. Cheers from San Diego.
Anton Vialtsin, Esq., E.I.
185 West F Street, Suite 100-D
San Diego, CA 92101
LAWSTACHE.com
619-357-6677
@@LAWSTACHE can you make a video on how to file an anti-SLAPP motion in court if you're representing yourself?
I'm an independent journalist and 'copwatcher'. A Sheriff's Office has filed a restraining order against me claiming that I was harassing and threatening their employees but all I was doing was video recording and exercising Free Speech, and plus the Sheriff's Office lied multiple times in their Declarations to the court, and I have video evidence to prove they lied. (Videos are on my channel)
I have to represent myself because I don't have $6,000 to spend for a 20 minute hearing, so I have prepared a whole defense with my video evidence proving the Sheriff's office lied
But I was informed that if I file an anti-SLAPP motion that the case should be ruled in my favor?
I cannot find any instructions or tutorial on how to file the anti-SLAPP motion myself...do I just write it out in on a piece of printer paper? Is there a specific form from the court that I have to request from them and file before my hearing date? Thank you
I agree 💯
My ex stole my kids 5 grand child support check and spun it around and got a TRO in retaliation. Humans suck.
Holy shit it actually WORKS thanks for the free Council
Thank you for your comment and support! Glad my video helped you!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
I don't have a restraining order on me but my family has put one on my fiancé. They lied about him being abusive. He has never laid a finger on me without my permission. My family have also said that I'm a vulnerable adult that can't take care of herself. My parents even stole most of my money from my account.
Get one on them. Have video, witnesses & any other kind of proof ready for court.
Why do your parents have access to your account? Are they legally entitled to control your finances…because you’re a vulnerable adult?
Thank you
Amazing speech!
Thank you for your support! Please subscribe!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Good.
Love, that stash.
Does the respondent have to elaborate on petitioners incident of abuse report if judge notes “No call, No report”
If petitioners recount of incident lacks clarity and police calls & reports, can the judge call on me to recount? If so, what if I don’t recall what she’s referring to based on her details in TRO ?
I am very tired of everything already. It feels like this is not my problem.. I need help with a restraining order against a female narcissist who is obsessed with me ruining my reputation publicly lying about me
Can jurisdiction be raised. If there is any claim against me then surely had to happen in the city and county I live in. The petitioner aside from her false allegation and 4month later after she abandon our home , filed in the city and county where she now resides. Ur answer will be greatly appreciated.
I was never served or had any clue what was going on also can’t find it in the public records at all :/
What happens if you just don't open the door to make it go away?
What if I have a criminal case pending that has not been filed,and also a restraining order against me and a custody decision.
What should I do?
I strongly suggest hiring an attorney that handles criminal defense and family law matters. There is a danger of stating something in your family/domestic violence restraining order declaration, which can be later used against you in a criminal case. You have a Fifth Amendment right against self-incrimination, but you must invoke your right.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
If Restraining Order was served by the petitioner does it make it improper service and null the order?
I'm the petitioner and I want to drop my restraint order but the DA is objecting to it because of a pending case. Can she even do this even though the pending case is not connected to my restraining order?
My landlord is trying to use a restraining order to kick me out. It's a very prevalent issue in my area due to all the different circumstances. I go in for the fight on January 6th!
I had the same BS deal happen to me...during the covid lockdowns. In March of 2020, with this unprecedented sh*t going on & the start of it like that, we kept hearing allover the tv & radio to NOT go to court, that only a few emergency situations would have court. We didn't go, & we got screwed so bad & lost most of our stuff. The reasons our derelect landlord had handwritten for the reason requiring it, is believable that any judge could possibly sign off for, as he wrote exactly this, "because my husband had a shotgun the landlord has seen in his belongings & he didn't like it." That's it. Jusge saw that as fair & good reason to ruin a Marine & his wife's lives.
Update?
Hello I am seller in amazon. Amazon send me a message that they hold my fund because of federal court issued temporary restraining order. Can you suggest what can I do.
This video deals with restraining orders between individuals in family or civil state courts.
You will need to contact a federal civil attorney to deal with your situation. If you are in Southern California area, feel free to give me a call.
what if there is no Hearing requested from a Restraining order that last a year?
California court cannot issue a permanent restraining order without first conducting a hearing, where the respondent is given an opportunity to deny the allegations. This hearing will be scheduled regardless if the petitioner asks for one or not.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
I filed my response but I didn't add that I will lose my work and home if it is granted( I work from home) Can I add more information somehow?
Yes, you should be able to file supplemental materials, but you might need to draft your own pleading without the court's form. Make sure to properly serve the other side with whatever you file with the court. If your case is in San Diego County, we'll be happy to represent you. Feel free to give us a call and we'll guide you in the right direction.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
The stach is the only reason I clicked ngl
Classic clickbait! Thanks for watching and subscribe!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
I must admit I had to come in & see if what Lawstache meant what I was thinking I may be seeing, & it clearly does! Love it! Clever & boss like!
I live in San Diego, she was granted a permanent restraining order without me appearing in court. She set me up and I was incarcerated the day of the hearing based on lies. I called you a little while ago and left a VM. I'm due in court on the 4th of March. Please help me.
Thanks for watching my video. Sorry for missing your previous call and voicemail. Please leave another message if I'm in court and unavailable. Feel free to email me your information and you'd like me to call you back quicker. Thank you!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Why were you incarcerated??
I have a question. Is the standard of evidence in a civil restraining order case "reasonable doubt" or "preponderance of evidence?"
clear and convincing evidence usually...
@@tonylove8066 so if my neighbor who filed against me has none evidence, then allegations won’t be enough right?
What happens if your restraining order is dismissed??
Do I need documentation that says it was dismissed ???
If the restraining order against you was dismissed that means that you've prevailed or judged dismissed it on her/her own order. You don't necessarily need any documentation, however, you can get it from the business office at your courthouse. It might be beneficial for you to have in the future. Thank you for watching and subscribe to our channel!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Can a judge still grant a permanent restraining order if I was never officially served a subpoena to appear for a hearing?
It’s up to you to contest the allegations against you. You have to file a petition to contest the order the court doesn’t notify you. If you don’t contest within 20 days you will loose by default and then the order is permanent for 2 years.
I don’t know your jurisdiction but that’s about the norm.
I won a civil judgement against a contractor for bad siding job. In a moment of lapse of judgement and emotion, I sent him a text pic of further siding blowing off the house and that I have to pay someone to fix it. He replied " stop texting or I will file harrasment". My question: is this one text open to harrasment charges? I will not be contacting him again. I'm stressed over the possibility. State of Tennessee. Thank you.
Unfortunately, I am not familiar with Tennessee state laws. Generally speaking, a plaintiff needs to show repeated conduct or one that's likely to repeat to get a civil harassment restraining order.
Thank you for your comment and support!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Is it necessary to file a response? I’d rather not show my hand before the hearing
I think, it is a matter of opinion. After a decade of experience, I've seen plenty of judges make decisions on papers before taking the bench. It becomes clear that it will then be difficult to change the judge's opinion with oral advocacy. I tend to double it up. I write a great response (and sure you don't have to show everything) and then prepare a convincing oral argument. Excellent question! Thank you for subscribing!
Anton Vialtsin, Esq., E.I.
185 West F Street, Suite 100-D
San Diego, CA 92101
LAWSTACHE.com
619-357-6677
What state is this for? Will it work for WV?
I practice in Southern California, however, these are just general tips on fighting civil or domestic violence restraining orders. Please review your local laws/rules and get advice of local legal counsel. Good luck to you and thank you for your comment, support, and please subscribe!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Hello Sir quick question
1) A family member of mine was improperly served with a Domestic violence restraining order & a civil harassment restraining order. The server served the roommate how should she go about this, should she still go to court ?
If I don’t file a response can I still bring my evidence
Yes, as long as you serve the opposing party ahead of the hearing. Couple of things you should keep in mind. One, some judges make decisions by reading the papers filed before the hearing. It becomes more difficult to sway the judge at the hearing if it is your first time explaining your side of the story. Second, check with you local procedures on presenting evidence at the hearing. Many courts are now operating by Microsoft Teams or some other video platform. It might be difficult (and even impractical) to present evidence in video court. Hope this helped.
Thank you for your question and please subscribe.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
What about getting witnesses for a restraining order against you from a roommate? 🤷♀️
Nice mustache!
How much do you charge I need help ASAP
The amount of retainer depends on the facts of your case. Please give us a call. We'd be happy to help you or guide you in the right direction. Thank you for your message.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Is pleading the fifth applicable?
It is applicable if the underlying conduct could be criminal. For example, if you have a pending criminal case, you have a 5th Amendment right and you can request the RO to continue until the criminal case has concluded.
It's great to have tips to beat a restraining order.
Thank you. I have a person using law to do their dirty work😢
I just had a TRO filed against me and I have a court hearing for stalking or harassing. This woman is jealous and trying to ruin my new career that I'm literally starting this week. I currently live in NV and am moving to NY and my court date is after the date I move. What am I supposed to do? This is vile
TRO's get used and abused by people too much. Sadly, you will need to appear unless you are ok with the restraining order becoming permanent. Due to the pandemic, some courts are conducting these hearings by video teleconference. It will save you a trip if that's the case. Check with the court.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Thank you very much for the reply! I appreciate it. I did exactly what you said and they are accepting phone call hearings thankfully. Again, thank you and stay blessed!
@@diktat6558 how did everything go for you?
I have a question I have not been served in my court date is on Monday but I was called by a lady that was trying to serve me and she made me aware of the situation. I responded and have yet to be served. Is this good or bad for me? No abuse has ever happened just an ugly break up
How do you know the allegations in the petitioner's pleadings if you weren't served, yet? I'd need to hear more about your case to give you a definite answer. If your case is in San Diego County, we'll be happy to represent you. Feel free to give us a call and we'll guide you in the right direction.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
She’s trying retaliate due to a CPS investigation.
Is Family Court the only type of court where the petitioner or the defending party can just come up with new information and evidence on the spot? I didn’t think that was legal in any court I always thought each party has to show all evidence to the other parties attorneys.
Unfortunately, the law is often disregarded. Make objections. Create a good record. Appeal. (Or hire someone who knows how to properly create record for appeal or put a stop to it in the lower court.) Thanks for your comment!
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
I'm a petitioner 😏
Shelda,
Thank you so much for your comment! I represent both petitioners and respondents, and the task before either party is similar. When you file your documents, ensure that you do not misrepresent anything to the court and/or file documents with common mistakes mentioned in my video. I think the tips in my video should help you with filing a well thought out request with the court. I wish you the best of luck and if you need my help, do not hesitate to call. :)
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Make sure the judge understands? Wouldn't it be correct to present all the evidence and then let the judge do her job?
Great comment! It is absolutely the judge's job to listen to both sides and make the ultimate decision. Our job is to provide our client, whether a respondent or a petitioner, with the best representation in court. As a law firm, we represent ONLY one side in any legal dispute. We make sure our client is heard and we deliver a well researched and thought out argument.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
lawstache.com
AntonVialtsin@gmail.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Last night my ex girlfriend said she is putting a restraining order on me. We both have had communicated via text before last night and I sent a nude picture of me prior to her telling me she is putting a restraining order and also delivered her belongings to her parents house before her telling she is going to put a restraining order on me. Will I have a restraining order out on me. I have not texted her or anything since the her telling me she is going to put a restraining order.
What happened
I got a call saying to drive to court. I can’t drive because I am disabled. The police officers were acting like they know me. They said some about an argument. I saw exaggerate remarks. The police came to my work. Since I know that she’s a liar, how do I protect myself. People don’t seem to see how serious this is. Can I ask someone to give the accuser a polygraph tes
My wife went and got ba epo on my for no reason I haven't seen her in almost 2 weeks and she claimed I did it yesterday I don't have the money to pay you but I really need help !
Just sent you an email!
My sister beat me busted my lip bitting me I was trying to tell her to get out of my girlfriend house I went to jail now dcf put a restraining order on me