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
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.
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.
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.
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.
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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
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
