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Restraining orders are legal documents that are used to protect an individual from another person by prohibiting contact between the parties. Restraining orders can be filed against acquaintances, family members or even strangers who are threatening your safety. If a restraining order has been filed by someone against you, it is important to know that you have the ability to challenge the order in court.

At The Nieves Law Firm, we assist with both filing and challenging restraining orders in Hayward. We have helped numerous clients with their restraining order needs and have been able to secure favorable outcomes on behalf of our clients. If you need assistance with a restraining order, whether that is filing or challenging the restraining order, you should contact an experienced attorney you can count on. Contact the Hayward restraining order lawyers at The Nieves Law Firm to schedule a free consultation with a member of our team.

What Is the Difference Between Restraining Orders and Criminal Protective Orders?

In California, there are two different types of court orders that prevent a person from contacting another person/party.  The first is a criminal protective order, which is commonly used in criminal cases to prevent an individual from visiting certain places and contacting certain people. The second is a restraining order. Unlike criminal protective orders, restraining orders are issued in civil or family court and are not directly associated with criminal cases. Restraining orders filed in civil or family court can be considered in criminal cases and the statements therein can be used against an individual accused of a crime.  For example, a District Attorney may request a copy of:

  • An Elder Abuse Restraining Order to consider and the associated response in an elder abuse criminal case
  • A Workplace Violence Restraining Order filed by an employer and the associated response to consider in a case involving an assault with a deadly weapon on an employee by another employee
  • A Domestic Violence Restraining order filed by an intimate partner and the associated response to consider in a domestic violence case in criminal court
  • A Civil Harassment Restraining Order and the associated response to consider in a stalking or vandalism case.

What Types of Restraining Orders Can Be Pursued?

There are four main types of restraining orders that are handled in Hayward:

  • Domestic Violence Restraining Order (DVRO) – involving current or past intimate partners or close family members
  • Civil Harassment Restraining Order (CHRO) – involving roommates, neighbors, friends, or strangers
  • Workplace Violence Restraining Order (WVRO) – filed by an employer to protect employees
  • Elder Abuse Restraining Order (EARO) – involving dependent adults or individuals age 65 or older

Regardless of the type of restraining order you need assistance filing or challenging, a Hayward restraining order lawyer at The Nieves Law Firm could help. Give us a call today to learn more.

Length of Restraining Orders Protections

Most individuals do not know that the length of time a restraining order remains in effect is determined by law, the judge, and the type of order. The maximum duration for restraining order protection is as follows:

  • Domestic Violence Restraining Order (DVRO) – 5 years
  • Civil Harassment Restraining Order (CHRO) – 5 years
  • Workplace Violence Restraining Order (WVRO) – 3 years
  • Elder Abuse Restraining Order (EARO) – 5 years

A judge can impose a restraining order for a shorter period of time or continue the restraining order in temporary status to determine if an order of maximum duration is necessary. If the restraining order documentation is silent as to the duration of the order – the law imposes a three year period.

A Hayward restraining order lawyer from The Nieves Law Firm will be familiar with the various laws associated with restraining orders, the burden of proof, admissible evidence, and the ideal way to approach a case in Hayward.  Hiring a restraining order lawyer could be vital in protecting your interests whether you are petitioning for protection or defending against a restraining order that has been filed against you.

When Not to File a Restraining Order

One of the things we do not assist with at The Nieves Law Firm is filing a restraining order in an attempt to coerce or intimidate another party to take an action you desire or to get back at an individual out of anger or spite. Restraining orders are used to protect individuals from legitimate claims of harm or harassment. They are not to be used for payback because your partner broke up with you or to collect a debt you feel is owed. The Nieves Law Firm will not take on cases that do not coincide with the state of the restraining order law and are not based on legitimate needs for protection.

Contact a Hayward Restraining Order Attorney Now

If you are facing abuse, threats of harm, or harassment, a restraining order could help protect you from the threat. The exact type of restraining order you should file or how to craft your response is dependent on a number of different factors. Our Hayward restraining order lawyers will work with you to ensure you submit paperwork and prepare for mediation or trial in a way that considers the admissibility of evidence, your individual goals, the restraining order laws, and the local court rules. Contact The Nieves Law Firm today to schedule a free thirty minute consultation and learn more about how we can help you with your restraining order needs.

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