Emeryville Restraining Order Lawyer
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:
- Be 65+ years old or a dependent adult between the ages of 18-64.
- 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.