Dublin

Restraining Order Lawyer

If the restricted individual has any contact with the protected person, he or she would then violate the court order, meaning they could be held in contempt and potentially face a misdemeanor or more serious charge depending on the nature of the contact. He or she could face other criminal charges as well if the behavior that the restrained party engaged in is considered a separate criminal act, such as assault.

Navigating the court system can be difficult without skilled assistance from an experienced attorney. To discuss the legal options available in your situation, get in touch with a Dublin restraining order lawyer. En Español

What is a Restraining Order?

In California, a restraining order is a court order that prohibits the restrained person from engaging in a certain activity. Typically, this activity is having any contact with—or having other people on their behalf have contact with—what is known as the “protected party,” which is the person who has sought the restraining order. Different prohibitions can be spelled out in a restraining order depending on the circumstances.

A restraining order may or may not allow some form of contact with the protected party, and it might specifically prohibit attacking, striking, stalking, threatening, calling, destroying personal property, contacting either directly or indirectly, or disturbing the peace of the protected party or of other family or household members of that protected person. If the court sets a specified distance that the party has to stay away, Dublin restraining order attorneys generally see that as covering a very broad scope of conduct that essentially forbids any contact, interaction, or engagement with the person who is protected.

Restraining Orders Compared to Other Civil Protection Orders

Often in Dublin, the terms “civil protection order” and “restraining order” are used interchangeably. If there is some sort of incident that the police respond to, they typically issue an emergency protective order, but that is just another name for a short-term emergency restraining order that is protecting a party.

If he or she goes to court themselves and get a restraining order, the court would often issue a temporary restraining order in advance of the actual hearing where both parties would get to tell the judge their side. Accomplished attorneys may call that a restraining order, but there is effectively no difference between that and an emergency protective order except duration —it is just different language that restraining order lawyers use to describe these things in Dublin. Emergency protective orders expire after 7 calendar days or 5 business days whichever is shorter while temporary restraining orders stay in effect until modified by the court or a hearing takes places on the restraining order matter.

If the judge decides it is important to have a restraining order after a full hearing, he or she will make a long-term order. There are several subtypes of protective orders and restraining orders, like civil harassment restraining orders, elder or dependent adult abuse restraining orders, workplace violence restraining orders and domestic violence restraining orders.  Most of which can be granted for up to a 5-year period – except workplace violence restraining orders which can be granted for up to 3 years.

A Dublin Restraining Order Attorney Could Provide Assistance

At Nieves Law Firm, the safety of our clients is our number one priority, hence why we assist in both filing and challenging restraining orders. We are devoted to protecting our clients from the potential of harm and harassment through the effective usage of restraining orders. We have helped countless individuals both file and successfully challenge restraining orders, which has, in turn, helped our clients feel safer and more protected. However, one of the most important things to note about a restraining order is that they are not meant for any specific financial gain or payout. Instead, restraining orders aide in both stopping harassment and the risk of harm. There are plenty of other court cases that involve the potential of financial gain; however, if those are your motives, restraining orders are not one of them.

If you need any help filing a restraining order or defending against an order of protection, please do not hesitate to reach out to a Dublin restraining order lawyer. Here at Nieves Law Firm, we have a talented group of lawyers that would love to help you. If you are a first-time client, please set up a complimentary consultation to go over all your options and how best to move forward. Please reach out with any questions or comments; we look forward to hearing from you soon.