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The nuances of filing or challenging a restraining order can be confusing, even for some legal professionals. An experienced Emeryville restraining order lawyer can work with you to navigate the  restraining order process in the correct manner – including the proper forms, use of declarations, the admissibility of evidence, preparation of trial briefs and issue statements, and litigation at the hearing on the request for restraining order. A restraining order hearing consists of presenting evidence and testimony that contradicts the other party’s allegations; it is often best handled by an attorney who understands the burden of proof, necessary elements, court deadlines, and various litigation strategies.

At The Nieves Law Firm, we have ample experience with restraining order cases. We understand how these work, what evidence the judge is looking for, and how to effectively argue on behalf of the clients we are representing.

  • If you need a restraining order, you’ve come to the right place.
  • If you need to defend against a restraining order – you’ve come to the right place.

Contact an experienced defense attorney on our team today to schedule a free consultation and learn more about your options.

How We Can Help With a Restraining Order in Emeryville

Most individuals don’t actually know there are different types of restraining orders you can file based on the type of protection you are seeking. In California, individuals can file or be served with a Civil Harassment Restraining Order (CHRO), a Domestic Violence Restraining Order (DVRO), an Elder Abuse Restraining Order (EARO), or a Workplace Violence Restraining Order (WVRO). The Emeryville restraining order lawyers on our team have experience with every type of restraining order available in California.

Civil Harassment Restraining Order

A civil harassment restraining order, as the name suggests, is used to combat civil harassment. What does that mean? Basically, civil harassment can include stalking, threats of abuse, or any other form of serious harassment. The civil harassment law states that harassment is:

  • Unlawful violence, like assault or battery or stalking, or
  • A credible (real) threat of violence, or
  • A continuous course of conduct that seriously scare, annoy, or harasses someone and there’s no legitimate purpose for it

However, it is important to note that this type of restraining order must be filed against someone that you have not had an intimate or close relationship with, such as a neighbor, friend, or roommate. If you are looking to file a restraining order against someone you currently have or previously had an intimate relationship with, you would file a domestic violence restraining order.

Domestic Violence Restraining Order

This type of restraining order is reserved for someone who has suffered abuse at the hands of an intimate partner. This can include:

  • Married or Registered Domestic Partners
  • Divorced or Separated Partners
  • Someone You’re Currently Dating or Previously Dated
  • Someone Who You Live With or Previously Lived With
  • A Person You Share a Child With
  • An Individual that is Closely Related to You, Such as a Brother, Sister, Grandmother, etc.

Abuse does not have to be physical or an act that causes injury. There are various forms of abuse described in the Domestic Violence Prevention Act (DVPA) including, but not limited to, stalking, assault, false impersonation, and disturbing the peace like isolating the intimate partner from friends and family or depriving that person of basic necessities. A domestic violence restraining order is a very serious request, it can result in being forced to move out of your home, loss of time with your children, loss of your right to possess a firearm, and year long batterer’s treatment classes.  It is critical to have an attorney who knows how to handle domestic violence restraining orders on your side.

Elder Abuse Restraining Order

Elder abuse restraining orders are a specific type of restraining order for the elderly and dependent adults. To qualify for this type of order an individual must:

  1. Be 65+ years old or a dependent adult between the ages of 18-64.
  2. Have been physically, financially, mentally, or emotionally abused; or neglected, abandoned, abducted, isolated, or deprived from things or services they need by a caregiver.

Workplace Violence Restraining Order

The last type of restraining order you can file in California is a workplace violence restraining order. This type of restraining order is geared towards individuals facing harassment in their place of work. It is important to note that the employer must file this restraining order on behalf of the employee. If you are an employee, you do not have the ability to file this specific type of restraining order.

Contact an Experienced Restraining Order Lawyer

Regardless of the restraining order you need help with, whether filing or challenging, The Nieves Law Firm is here to help. Our Emeryville restraining order lawyers have years of experience with these specific cases. Contact our team today to schedule a free consultation to see if we can assist you with your restraining order.

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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.

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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.

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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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