Individuals may file civil harassment restraining orders based on allegations of physical violence, a credible threat of violence or an ongoing course of conduct that seriously alarms, annoys, or harasses another party with no legitimate purpose. The effects of Oakland civil harassment restraining orders can be harsh, so avoiding the potential repercussions of these orders can be critical. If others have asked a court to issue a restraining order against you, contacting an attorney right away may be the most effective step toward avoiding an unwanted outcome.
A criminal attorney could defend your rights and put together the defense strategy that is most likely to be successful in your case. Defense counsel could analyze and assess the evidence against you and help you determine all available options. By getting the advice that you need, you may be able to minimize the impact of a restraining order on your life.
California Code of Civil Procedure § 527.6 defines harassment as any of the following behaviors:
This section also defines a credible threat of violence as an intentional statement or course of conduct that reasonably places people in fear for their safety or the safety of their immediate family. A course of conduct occurs when individuals engage in a pattern of behavior over time, no matter how short, that show a continuity of purpose. These acts may consist of following others, stalking, or making harassing phone calls or other types of communications.
Under Ca. Code of Civ. Pro. § 527.6, qualified individuals can seek a temporary and a permanent order after hearing prohibiting the alleged harassment. Civil harassment restraining orders in Oakland are only available between people who do not have close intimate relationships, such as neighbors, roommates, friends, or acquaintances. If the accused is closely related to the complaining party or the parties previously dated, a civil harassment restraining order is unavailable. Instead, the complaining party would have to seek a domestic violence restraining order.
Other people who may be eligible to become the subject of a civil harassment restraining order might include landlords or family members who are more than two degrees removed, such as aunts, uncles, or cousins. Likewise, if the complaining party is an adult who is at least 65 years of age or mentally or physically disabled, he or she often must seek an elder or dependent adult abuse restraining order as opposed to a civil harassment restraining order.
People who receive restraining orders for civil harassment in Oakland may wish to take immediate action to protect their rights. By obtaining legal counsel, they can take the steps necessary to counter the order. For instance, a knowledgeable lawyer may be able to help them file a written response to the temporary civil harassment restraining order.
An experienced criminal attorney also could represent defendants at a hearing on the permanent harassment restraining order, as well as at any related criminal proceedings. As the issuance of a civil harassment restraining order can impact job opportunities, civil liberties, and more, seeking the assistance of skilled legal counsel could be crucial to a positive outcome of the case.
A civil harassment restraining order also can place significant restrictions on where individuals may legally be present and his or her ability to contact the protected persons. Violating a civil harassment restraining order is a misdemeanor criminal offense, so individuals must be aware of the potential consequences of doing so. If a court finds that persons violated one of these orders, they may be required to serve up to one year in jail and pay a $1,000 fine. Violation of a restraining order is also punishable by civil contempt which can result in 5 days in jail per violation (or 120 hours of community service per violation) and a $1000 fine per violation. For example if a restrained party called a protected party 5 times – each phone call could be alleged as a separate civil contempt violation.
Fully understanding the provisions of Oakland civil harassment restraining orders, as well as the repercussions for violating them can be critical. If you fail to abide by the terms of even a temporary injunction, you could face criminal charges. No matter the accusations against you, consulting legal counsel in this situation may be wise.
Getting legal advice and working with a skilled restraining order attorney may be the most effective way of ensuring that your legal rights are adequately protected.
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 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
The Nieves Law firm was a great choice in helping me through my restraining order case, the whole team there does a great job at walking you through the steps of the legal process. Jose is a great lawyer and is good at what he does, in court he really shines and is able to debate the case very well and professionally. I would definitely pick them again if I had to!
Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
The Nieves Law Firm is absolutely amazing. The best customer services experience I have had, great communication, astonishing experience, and overall a team of professionals that dedicate themselves to ensuring the best result. I am really happy to have worked with this team. Jimarielle was very helpful and provided me the comfort and understanding in every way possible. Highly recommend.
Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!