If you are considering seeking a restraining order against someone, it is important to have a sense of what it is you are pursuing. While there are relatively few rules regarding who can file a restraining order, you may have a tougher time successfully obtaining one if you are not aware of what these orders are meant for and the types of actions they can cover. A seasoned attorney could guide you through the process of filing a restraining order in Oakland.
Anybody can request a restraining order against somebody with a history of inappropriate interaction with them, although he or she may have a difficult time acquiring one if there is no history of violence, harassment, stalking, or similar acts. However, if someone has a history with an individual who is engaging in any other kind of unwanted contact with them and is not stopping, they could go to the court and ask for a restraining order under a couple of different statutes, depending on the nature of their relationship.
If two parties share an intimate relationship—and many different definitions could apply to that from romantic to familial—they might file for a domestic violence restraining order. Conversely, two neighbors, roommates, or strangers might file for a civil harassment restraining order. Ultimately, someone can file a restraining order in Oakland against anybody so long as there is a significant issue with their conduct that violates the restraining order statutes.
If somebody has a restraining order against them, it will likely mean that they are unable to have any contact with the protected party. This includes asking a friend, relative, or someone else to contact that person on their behalf.
Sometimes family members, pets, or even personal items can be at issue under the same restraining order, meaning the restrained party could be ordered to not have any contact with them or to relinquish them. Additionally, certain restraining orders (like a domestic violence restraining order) could exclude someone from a residence where he or she has lived. If they have lived with the protected party and they are no longer allowed to have contact with them, they could be removed from their residence, requiring them to find housing on very short notice.
Restricted parties are required to turn in any handguns or firearms, which means he or she has to either sell those firearms through a licensed gun dealer or store them with a licensed gun dealer, and they have to file paperwork with the court that verifies they complied and got rid of their firearms. They usually must do this within 48 hours of receiving notice of the restraining order, since that is one of the common terms.
With a no-contact restraining order filed against them in Oakland, a person might have to stay a certain distance away from the protected person. It is commonly 100 yards but can be much shorter especially in situations involving neighbors. The distance is set by the court depending on the pertinent facts and circumstances.
There are other conditions that can be imposed if a restraining order is granted. Depending on the type of order, the restrained party may have to participate in a Batterers’ Intervention Program and/or pay any expenses the protected party incurred in seeking the restraining order, including attorney’s fees and the costs of asking for the order. Furthermore, if the parties had comingled finances or share children in common it is possible for the restraining order to cover monetary orders and custody/visitation. Judges can make determinations about the payment of the mortgage, insurance, or other debt expenses as well as how often visitation with the children should take place – if at all.
When it comes to filing or defending a restraining order in Oakland, maximizing your chances of success may require assistance from a legal professional who knows how these matters proceed and has handled them before. To discuss your circumstances with a qualified lawyer, call today.
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.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
We work to resolve your legal problems so you can focus on what is most important
Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
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
