Santa Clara County Restraining Order Lawyer
You’re at risk of losing access to your home, your kids, or even your firearms. A hearing is coming fast — and one bad move can lock it all in. Call now — we defend your side before it’s too late.
In Santa Clara County, restraining orders move fast. What you do in the next 24 hours can determine whether you lose important rights or successfully defend against false allegations.
At The Nieves Law Firm, we handle restraining order defense differently. We don’t just “represent” you – we show up prepared to win. When you’re fighting false allegations, our attorneys bring real courtroom experience and a proven track record of results in Santa Clara County courts.
Don’t panic – and don’t wait. The right attorney makes all the difference in restraining order defense cases, and we’re ready to fight for you today.
What Our Santa Clara County Restraining Order Defense Attorneys Can Do For You
When it comes to restraining orders, what you do immediately after being served makes all the difference in your case. Here’s what we do for clients in Santa Clara County:
- We handle the paperwork – Filing the right response documents correctly and on time
- We build your strongest defense – Gathering texts, emails, photos, and witnesses that support your position
- We fight for you in court – Speaking on your behalf so you don’t have to face the other party alone
- We protect what matters – Your job, your reputation, your family relationships
- We aim for the right outcome – Fighting skillfully against false allegations to protect your rights
When restraining orders hit, what you need is a powerful advocate who shows up prepared to win.
The Four Types of Restraining Orders in Santa Clara County
As Jo-Anna Nieves explains, “There are four major types of restraining orders in California… The major difference between these is really the length of time, the burden of proof, and the parties involved.”
Our attorneys handle all four types in Santa Clara County courts:
1. Civil Harassment Restraining Orders
For people who don’t share an intimate relationship:
- Neighbors and roommates
- Coworkers
- Friends or acquaintances
- Strangers
These require clear and convincing evidence – a higher standard of proof that makes these cases more challenging.
2. Domestic Violence Restraining Orders
For people who share or shared intimate relationships:
- Current or former spouses
- Dating partners or ex-partners
- People with a child together
- Close family members
These require preponderance of evidence (more likely than not), making them easier to obtain than civil harassment orders.
3. Workplace Violence Restraining Orders
Only employers can file these to protect employees from credible threats of violence.
4. Elder or Dependent Adult Abuse Restraining Orders
Protects people 65+ or dependent adults from abuse, with a preponderance of evidence standard.
The Restraining Order Process in Santa Clara County
When someone files a restraining order against you in Santa Clara County, here’s what happens and how our defense attorneys can help:
- Temporary Restraining Order (TRO): Grace Goodman explains, “When that restraining order is filed against you, the judge or commissioner can grant what is called a TRO or a temporary restraining order. This is put in place to keep the status quo between the parties until the first hearing date.” A TRO is typically issued without your input.
- Response Preparation: We prepare your formal response with the details about your side of the story and submit it to the Santa Clara County Superior Court.
- Gathering Defense Evidence: We help collect texts, emails, photos, video, or witness statements that counter the allegations against you.
- Court Hearing: Both sides present their case to the judge. We ensure your voice is heard and your rights are protected throughout the proceeding.
- Judge’s Decision: The judge will either grant or deny the permanent restraining order. If denied, the temporary order expires.
The consequences of a granted restraining order can be severe – restricting where you can go, affecting your rights to own firearms, and potentially impacting your employment and housing opportunities.
What NOT to Do When a Restraining Order is Filed Against You in Santa Clara County
Grace Goodman advises: “The first thing we’re never going to want to do is panic. We’re going to want to be proactive because it is a situation that is fixable.”
When you’re served with restraining order papers in Santa Clara County, here’s what our attorneys recommend:
- DON’T contact the person who filed – This is the worst thing you can do because the temporary order likely prohibits any communication. Even “accidental” contact can get you in serious trouble.
- DON’T ignore it or miss your court date – Restraining orders won’t just go away if you ignore them.
- DON’T post about it on social media – Anything you say can be used against you in court.
Instead, call us immediately. Here’s what we’ll do:
- Prepare Your Response – We file your formal response explaining your side.
- Gather Supporting Evidence – We help collect texts, emails, photos that show the relationship was positive or that contradict the allegations.
- Request a Continuance if Needed – In California, you’re guaranteed one continuance by right, giving us more time to build your defense.
- Represent You at the Hearing – We present your strongest case to the judge.
A restraining order isn’t a criminal conviction, but it does go into the CLETS police system and can show up on background checks. It can affect your ability to own firearms, your employment, professional licenses, housing options, and child custody arrangements.
With so much at stake, don’t face this alone.
Your Options When Facing a Restraining Order in Santa Clara County
As Attorney Stephanie PTO explains: “If you find yourself in a situation where you’ve been served with a restraining order and now you’re wondering what you can do, there are two options that stand out immediately once you’ve been served.”
Option 1: Respond and Fight the Allegations
This is the most common approach, where we:
- File your formal response by the deadline
- Gather evidence (texts, emails, photos, witness statements)
- Prepare you for what to expect in court
- Present your case to the judge
Option 2: File Your Own Restraining Order
“You are within your right to file a restraining order against them if you can prove that they also have been harassing you or meet the specific requirements under the specific restraining order that you’re looking for.”
In some cases, this is appropriate when the person who filed against you has also engaged in harassment or abuse.
Possible Mediation
In Santa Clara County, some restraining order cases are sent to mediation. Attorney Torie Hirsch explains: “Basically, judges don’t want to hear everything. If they take a look at a case and they have some kind of indicator that they think the case can be mediated, they’re going to set it to mediation.”
Mediation is more common when:
- The parties are neighbors
- The dispute is low-stakes without violence
- The situation is likely to resolve itself soon
The advantage of mediation is you can include terms that a court couldn’t order, creating a more customized resolution.
If mediation doesn’t work, your case will be scheduled for a hearing before the judge.
Santa Clara County Restraining Order Resources
Getting the right resources for your restraining order case in Santa Clara County can make all the difference. Here’s where to find what you need:
- Address: 201 N. First Street, San Jose, CA 95113
- Phone: (408) 882-2700
- Hours: Monday–Friday, 8:30 AM – 4:00 PM
- Services: Handles all types of restraining orders
- Address: 191 N. First Street, San Jose, CA 95113
- Phone: (408) 882-2700
- Hours: Monday–Friday, 8:30 AM – 4:00 PM
- Services: Primarily handles civil matters, including Civil Harassment Restraining Orders.
- Address: 190-200 W. Hedding Street, San Jose, CA 95110
- Phone: (408) 808-6600
- Hours: Monday–Friday, 8:30 AM – 4:00 PM
- Services: Handles criminal matters, including Criminal Protective Orders related to ongoing criminal cases.
Important Forms for Santa Clara County Restraining Orders
Depending on your situation, you’ll need specific forms to file or respond to a restraining order:
For Domestic Violence Restraining Orders:
- DV-100: Request for Domestic Violence Restraining Order
- DV-110: Temporary Restraining Order
- DV-120: Response to Request for Domestic Violence Restraining Order
For Civil Harassment Restraining Orders:
- CH-100: Request for Civil Harassment Restraining Order
- CH-110: Temporary Civil Harassment Restraining Order
- CH-120: Response to Request for Civil Harassment Restraining Order
For responding to a Restraining Order:
- Forms vary by type but generally include a “Response” form that must be filed before your court date
These forms are available online at the California Courts website, or we can help you prepare them correctly.
Helpful Videos About Restraining Orders
The Nieves Law Firm provides these informational videos about the restraining order process:
- Defending Against a Domestic Violence Restraining Order
- The Timeline of a Restraining Order Case
- Can the person who filed a RO against you contact you?
Remember, while these resources can help you understand the basics, having an experienced restraining order attorney gives you the best chance of protecting your rights and interests in Santa Clara County.
How We Handle Restraining Order Defense Differently at The Nieves Law Firm
At The Nieves Law Firm, our approach to restraining order defense in Santa Clara County is different:
- We show up to win – We get results because we come prepared
- We’re proactive, not reactive – We don’t wait around or just “see what happens”
- We’re direct and honest – We tell you what to expect and what your options really are
- We have an in-house investigator – They uncover the evidence that makes your defense stronger
- We handle everything – So you can focus on what’s important in your life
- We have insider experience – With background in prosecution giving us valuable insight into how restraining order cases are evaluated
Our approach comes from real courtroom experience. Before founding the firm, Jo-Anna Nieves worked at the Santa Clara County District Attorney’s Office, giving her valuable insight into how restraining order cases are evaluated by the court.
When you hire us, you get a team that truly understands the restraining order process in Santa Clara County – and knows how to fight for the outcome you need.
- Campbell
- Cupertino
- Gilroy
- Los Altos
- Los Altos Hills
- Los Gatos
- Milpitas
- Monte Sereno
- Morgan Hill
- Mountain View
- Palo Alto
- San Jose
- Santa Clara
- Saratoga
- Sunnyvale
- Alviso
- Burbank
- Cambrian Park
- Edenvale
- Fruitdale
- Lexington Hills
- New Almaden
- San Martin
- Stanford
- Sveadal
- Vasona Junction
- Willow Glen
Contact Our Santa Clara County Restraining Order Defense Lawyers Today
If you’re facing a restraining order, don’t handle this challenging situation alone. The Nieves Law Firm provides powerful, professional representation to clients throughout Santa Clara County who need a strong defense against restraining order allegations.
Contact us today for a free consultation to discuss your case. We’ll explain your options and develop a defense strategy tailored to your specific situation.
We offer services in English and Spanish. Evening and weekend appointments available upon request.
Frequently Asked Questions
It’s a common misconception that a restraining order will go on your criminal record. A restraining order is not the state prosecuting you; it is done in civil court.
However, a restraining order will go into the CLETS system (California Law Enforcement Telecommunications System) that police can access, and it can appear on background checks and professional licensing checks.
There are three potential outcomes of a restraining order when they are filed: one, it will be granted; two, it will be denied; or three, in very few and far between cases, the TRO (aka a temporary restraining order) will be extended for a period of time and then will expire.
Workplace violence restraining orders can be granted for a maximum of three years. Elder abuse, domestic violence, and civil harassment can all be granted for a maximum of five years.
Terminating a restraining order is incredibly difficult… judges are not inclined to terminate a restraining order just because you don’t like it.
You generally need to show:
- A material change in circumstances (like moving away)
- A change in the law that affects your case
- The “interests of justice” support termination
Violations become criminal matters that can result in arrest, jail time, and fines.
