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Know and Protect Your Rights in a Criminal Defense Matter



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Know and Protect Your Rights in a Criminal Defense Matter





Filing a Restraining Order in Oakland

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.

Who Can File a Restraining Order?

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.

What are Common Limitations for a Restricted Party?

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.

Restrictions on Firearm Ownership

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.

Distance Restrictions

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.

Other Potential Consequences

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.

Get Professional Help with Filing an Oakland Restraining Order

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.

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