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. En Español
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.
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:
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 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:
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 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:
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.
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:
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.
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:
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.
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.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!