Sacramento Restraining Order Lawyer
You may risk criminal charges for any violation. A Sacramento restraining order attorney can guide you through defending or obtaining legal protection efficiently.
If you’re in fear for your safety or the safety of your child, you can take steps TODAY to seek protection. Whether it’s an ex-partner, a stalker, a neighbor, or stranger, you need a legal shield to ensure your safety.
Restraining orders can effectively protect yourself or your family from someone threatening, harassing, or abusing you. But navigating the legal system to get an order issued and enforced properly can be complex.
Our experienced Sacramento restraining order lawyers can advocate for you, helping you regain a sense of security and peace in your life.
Contact The Nieves Law Firm today for a consultation.
Types of Restraining Orders in California
A restraining order is a court order that prohibits someone from contacting, harassing, stalking, threatening, or abusing you. It orders them to stay away from you, your home, your workplace, your school, and other protected places.
The types of restraining orders in California include:
- Elder or dependent adult abuse restraining orders — Protects elders or dependent adults from caregiver abuse, neglect, or harm.
- Domestic violence restraining orders — Safeguards against harm from spouses, ex-partners, dating relationships, or close familial relationships.
- Civil harassment restraining orders — Shields from harassment by non-close relationships like distant relatives, associates like neighbors, roommates, acquaintances, or even strangers.
- Workplace violence restraining orders — Employer-requested protection against workplace violence at the work site involving employees.
- Private postsecondary school violence restraining orders — Guards students at private postsecondary schools from violence, requested by school authorities.
- Gun violence restraining orders — Restricts firearm possession for those posing personal injury risks, requested by family or law enforcement.
No matter what type of protection you need, these legal orders are essential tools for ensuring your safety and security. Our restraining order lawyers in Sacramento can help you determine what type of restraining order is best for your situation.
Penalties for Violating Restraining Orders
Knowingly violating a restraining order is a misdemeanor crime in California (Penal Code § 273.6 or Penal Code §166). Penalties, if convicted, include up to one year in county jail for a PC273.6 or up to six months in county jail for a PC 166 violation, a fine of up to $1,000, or both.
If the violation leads to physical injury, the consequences become more severe, including a fine of up to $2,000, imprisonment in a county jail for a minimum of 30 days or more than one year, or both.
Subsequent convictions within specific timeframes involving acts of violence or threats can lead to more severe penalties, including longer imprisonment terms.
Domestic Violence and Abuse Statistics in Sacramento
The Sacramento Regional Family Justice Center (FJC) plays a pivotal role in the Sacramento community, offering vital support to abuse victims and their families.
Between July 11, 2016, and July 31, 2019, FJC encountered:
- 4,934 cases of domestic violence
- 516 instances of elder abuse
- 459 reports of child abuse
- 105 cases of adult sexual assault, and
- 26 cases of human trafficking
These statistics likely represent only a fraction of the actual incidents, as many cases of abuse go unreported. Addressing these statistics begins with ensuring that those who do report abuse know that they are safe, have access to the necessary resources to move forward, and can rely on protective measures like restraining orders.
At The Nieves Law Firm, we guide individuals through the legal process to obtain and enforce restraining orders effectively. We believe that by providing assurance that they can seek legal protection without fear, we can encourage more people to come forward and break the cycle of abuse.
It is important to note that we represent those who have been accused of abuse or harassment as well. Restraining orders are for valid requests for protection. We have encountered countless situations where requests for restraining orders have been leveraged maliciously by a spiteful or vengeful opposing party or used to gain the upper hand in custody disputes.
It is unfortunate that people are falsely accused of abuse or harassment, just like there are people falsely accused of crimes. If you have found yourself on the receiving end of a restraining order, our office is prepared to defend against allegations of abuse or harassment.
Resources for Those Seeking Protection from Abuse and Harassment
When protecting yourself and your family against abuse and harassment, the best thing you can do is ask for help. Along with the help from an experienced criminal defense attorney, you can rely on these local resources.
WEAVE
WEAVE provides a wide range of services, including a 24/7 support and information hotline, counseling, legal assistance, and emergency shelter for survivors of domestic violence and sexual assault.
My Sister’s House
My Sister’s House is a nonprofit organization dedicated to aiding Asian and Pacific Islander women and children affected by domestic violence, sexual assault, and human trafficking.
My Sister’s House
3053 Freeport Blvd., #120,
Sacramento, CA 95818
Sacramento Regional Family Justice Center (FJC)
The Sacramento Regional Family Justice Center offers comprehensive support, including legal assistance, counseling, and resources for victims of domestic violence, elder abuse, and other crimes.
Sacramento Regional Family Justice Center
Family Court House, Room 112
3341 Power Inn Road, Sacramento, CA
Beyond Restraining Orders: Our Practice Areas
At the Nieves Law Firm, we offer strategic defense against a spectrum of criminal charges. Our commitment to safeguarding your rights and future extends beyond restraining order cases.
We’re here to provide guidance and representation in a variety of legal matters, including:
- Assault
- Domestic violence
- Drug charges
- DUI
- Fraud
- Gang crimes
- Gun crimes
- Juvenile crimes
- Sex crimes
- Theft
- Workers’ compensation fraud
With our legal team by your side, you can trust that we’ll work hard to build the strongest defense possible, no matter the nature of the charges. We are your one-stop resource for legal support in Sacramento.
- Sacramento
- Elk Grove
- Citrus Heights
- Folsom
- Rancho Cordova
- Galt
- Isleton
- Antelope
- Carmichael
- Fair Oaks
- North Highlands
- Orangevale
- Rio Linda
- Florin
- Rosemont
- Arden-Arcade
- Foothill Farms
- Vineyard
- La Riviera
- Parkway
- Gold River
- Wilton
- Hood
- Courtland
- Walnut Grove
- Herald
- Mather
- Sloughhouse
- McClellan Park
- College/Glen
- 94203
- 94204
- 94205
- 94206
- 94207
- 94208
- 94209
- 94211
- 94229
- 94230
- 94232
- 94234
- 94235
- 94236
- 94237
- 94239
- 94240
- 94244
- 94245
- 94246
- 94247
- 94248
- 94249
- 94250
- 94252
- 94254
- 94256
- 94257
- 94258
- 94259
Contact Our Trusted Restraining Order Lawyers
Restraining orders can provide important protection, but the legal process is complex. Partnering with an experienced restraining order lawyer in California ensures you handle every step correctly.
Our team can guide you through filing the petition, gathering evidence, presenting your case at hearings, and enforcing the order if violations occur. Secure the protection you need — contact The Nieves Law Firm today.
Legal Resources for Restraining Order Cases in Sacramento
- 720 9th Street, Sacramento, CA 95814
- (916) 874-5522
- Mon–Fri: 8:30 AM – 4:00 PM
- 12500 Bruceville Road, Elk Grove, CA 95757
- (916) 874-1927
- Mon–Fri: 8:00 AM – 5:00 PM (Administrative)
- Mon–Sun: 24 hours (Custody Operations)
- 5770 Freeport Blvd, Suite 100, Sacramento, CA 95822
- (916) 808-0800
- Mon–Fri: 8:00 AM – 5:00 PM
Frequently Asked Questions
You can request a restraining order without a lawyer by filing the paperwork yourself in court. However, having an experienced restraining order attorney guide you through the process can be very helpful.
Here are some of the key reasons to consider hiring a lawyer:
- An attorney can advise you on the type of restraining order that fits your situation.
- They can ensure your paperwork is filled out correctly to avoid delays.
- They can gather evidence and help present your case in the most persuasive way.
- They can represent you at hearings if the restrained person contests the order.
- They can fight any false accusations made against you.
- If you’re the respondent, they can defend you against unjust orders.
- They can explain exactly what you need to do to comply with the order.
- They can help enforce the order if violations occur.
Navigating restraining orders can be overwhelming. A lawyer’s expertise can give you confidence each step is handled properly.
Restraining orders prohibit the restrained person from:
- Harassing, threatening, stalking, or abusing you.
- Contacting you in any way, directly or indirectly.
- Coming within a specified distance of your home, workplace, school, etc.
- Owning or possessing a firearm.
Certain restraining orders can require the Respondent to move out if you live together (not for civil harassment restraining orders). Violating a restraining order is a crime that can result in fines or jail time.
Yes, the restrained person has a right to contest the order at a court hearing and present their side. They may argue the order is unnecessary, exaggerated, or based on false accusations.
An attorney can help either side present supporting evidence of their position and advocate for their desired outcome. Attorneys can also assist with the renewal, extension, modification, and termination of orders when appropriate.
The duration of a restraining order in California can vary depending on the type of order and the circumstances of the case. Generally, restraining orders last a maximum of three or five years but can be granted for a shorter duration of time as well. If renewed, restraining orders can be extended for life in appropriate situations.
To seek a restraining order in California, you can start by filing the necessary forms at your local courthouse. It is advisable to consult with a restraining order lawyer to understand the specific requirements and legal procedures involved.
