Bay Area Restraining Order Lawyer
A restraining order is a court order used to protect an individual or organization from abuse or harassment from another individual. Some types of contact that are prohibited in a restraining order include phone calls, text messages, emails, social media messages, and physical interactions.
Whether you need help challenging a restraining order filed against you or you need assistance filing a restraining order against someone else, we have the legal knowledge to support you every step of the way. Our talented defense attorneys have been successful at both challenging restraining orders and filing restraining orders on behalf of clients. We understand restraining order laws and how to effectively navigate them from both sides. Call a Bay Area restraining order lawyer on our team to schedule a free consultation.
Types of Restraining Orders in the Bay Area
In the Bay Area, and in California as a whole, there are 4 main types of restraining orders. Individuals in California can file domestic violence restraining orders, civil harassment restraining orders, workplace violence restraining orders, and elder abuse restraining orders.
Domestic Violence Restraining Orders
A domestic violence restraining order protects an individual from the many different forms of domestic violence. This type of restraining order can only be filed against a person who is in an intimate relationship with the person filing the order. Examples of intimate relationships include:
- Current and former spouses
- Current and former cohabitants
- A person with whom both parties have a shared child
- A person the individual filing the restraining order was previously or currently is in a dating relationship with
A domestic violence restraining order can prohibit individuals from committing specific acts, require a person to stay away from the protected party, forbid any and all contact between the two parties, and/or grant possession of a child or animal to a defined party. If you need assistance filing or challenging a domestic violence restraining order, contact a Bay Area restraining order lawyer on our team today to schedule a free consultation.
Civil Harassment Restraining Orders
Civil harassment restraining orders can be filed by any person who has been harassed by another person or party. In essence, they are filed when a person who does not have an intimate relationship with the other party but wants to file a restraining order to stop their harassment. California Code of Civil Procedure 527.6 defines harassment as:
- Violence that is unlawful
- Credible threats of violent acts
- Continuous conduct directed at a specific person that is used to seriously annoy, alarm, or harass the person. The conduct must also serve no legitimate purpose.
If you would like to file or challenge a civil harassment restraining order in the Bay Area, we can help. Contact our team today to schedule a free consultation.
Workplace Violence Restraining Orders
Workplace violence restraining orders can be filed by employers to protect any violence or threats of violence against their employees in the workplace. Employers can file for temporary restraining orders on behalf of one or multiple employees, no matter their location of work.
However, it is important to note that these restraining orders cannot address actions that are part of a legitimate labor dispute or other constitutionally protected activities. Some examples of provisions that may be in a workplace violence restraining order include:
- Prohibitions on intimidation and harassment
- Bans on coming within a certain distance of the protected employee(s)
- Orders to refrain from contacting the protected employee(s)
- Prohibitions on attacking or destroying the personal property of the protected employee(s)
If you need assistance filing or challenging a workplace violence restraining order, contact a Bay Area restraining order attorney at The Nieves Law Firm to schedule a free consultation.
Elder Abuse Restraining Orders
Sometimes referred to as dependent adult abuse restraining orders, elder abuse restraining orders protect elders and dependent adults from a variety of acts, such as:
- Neglect, abuse, abandonment, or other acts that result in mental or physical suffering.
- The deprivation of goods and/or services that are necessary to avoid mental or physical suffering.
- Using the elder or dependent adult’s financials in a way that is not in their best interest
To qualify for this type of restraining order, the individual filing must be over the age of 65 or over the age of 18 and have physical or mental disabilities. Contact our attorneys today to schedule a free consultation to discuss your elder abuse restraining order.
Challenging a Restraining Order Filed Against You
We have ample experience filing restraining orders on behalf of clients and challenging restraining orders. We have handled these cases on both sides and this helps us approach challenges to restraining orders in a strategic manner. Our firm can work with you to establish various defenses depending on the restraining order type. Some examples are:
- No credible threat of violence, negligence, or past act of abuse
- Lack of standing or jurisdiction
- Failure to establish burden of proof
- A false allegation by the person filing the restraining order
- The fact that the person who filed the restraining order did not have sufficient evidence to file the restraining order in the first place
This is not an exhaustive list of defenses; therefore, If you were served with a restraining order, and need to establish your defense a skilled restraining order attorney can help. Contact a Bay Area restraining order lawyer on our team today to schedule a free consultation to discuss how we can help you challenge the restraining order filed against you.
Contact Experienced Restraining Order Lawyers
Whether you need help filing a restraining order or challenging one filed against you, we are here for you. Our attorneys have been successful in both filing and challenging restraining orders throughout the Bay Area. Contact a restraining order lawyer in the Bay Area at The Nieves Law Firm today to schedule a free, 30-minute consultation.