Jo-Anna Nieves
Founding Attorney
Richmond Restraining Order Lawyer
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Restraining orders, also known as protective orders, are court orders used to protect individuals, businesses, or other entities from situations involving some form of harassment, violence, or abuse by another individual. The abuse does not have to be physical in nature for a restraining order to be filed. Regardless of why the restraining order is filed, it is important that you consult a Richmond restraining order lawyer for your restraining order needs. These cases are very nuanced, and failure to abide by a restraining order can lead to criminal charges.
There are two sides to every restraining order–the party filing the restraining order and the party the restraining order is filed against. At The Nieves Law Firm, we can provide legal assistance regardless of whether you would like to file a restraining order, or you want to challenge a restraining order that was filed against you. Our team has ample experience with these cases, and we are well-versed in California’s restraining order laws. Contact a Richmond restraining order lawyer on our team today to schedule a free consultation with a member of our team. Check out the video below to see what a former client had to say about our work on a restraining order case. En Español
There are 4 main types of restraining orders in California. At The Nieves Law Firm, we have experience with all of the restraining orders listed below.
Protects a person from abuse violence, or harassment by a person who is not considered an “intimate partner.” This includes neighbors, friends, roommates and strangers.
Protects individuals from abuse and harassment by someone with whom the person filing the restraining order had an intimate relationship, such as a spouse/former spouse, the other parent of your child, a former domestic partner, or a parent.
Protects an employee from suffering abuse or harassment at the workplace by a fellow employee. These restraining orders must be filed by an employer on behalf of an employee
Filed by a dependent adult, or an individual over the age 65 who are the victim of neglect, abandonment, abuse, or deprivation of care.
If you believe someone is threatening you, stalking you, or physically abusing you, calling a law enforcement agent to the scene may result in the issue of an Emergency Protective Order that can be issued by law enforcement without the need of a judge’s approval. It is only valid for a short time, and in order to keep the protection, the protected individual can either wait to see if charges will get filed and if a criminal protective order gets issued or they can file a request for a temporary restraining order with the court to seek extended protections.
The temporary restraining order will be reviewed by a judge and the judge will decided whether to grant or deny temporary protections. Regardless of the grant or denial status, the court will issue a hearing on the TRO and both parties will have a chance to present their case. The restraining order must be served on the other party and a proof of personal service must be filed with the court in order for the matter to lawfully proceed. If the court determines that there is enough evidence to continue the restraining order to protect the filing party, the court will extend the order for a longer period of time. The length of time the order is granted depends on the type of filing but none of the orders will exceed five years.
Only a renewal request will allow for a restraining order to exceed the initial cap. Renewed restraining orders can be issued for a lifetime.
If you are unsure what type of restraining order you would like to file or contest, contact a Richmond restraining order lawyer on our team to schedule a free consultation. We would be happy to walk you through the restraining orders available or provide you with information about the restraining order that was filed against you.
If you think you might need to file a restraining order against someone else, or someone has filed a restraining order against you in Richmond, The Nieves Law Firm can help. Our team has successfully helped a large number of clients with a variety of restraining order issues. We understand restraining order laws in California and how the restraining order process works. Contact a Richmond restraining order lawyer on our team today to schedule a free consultation.
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
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
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
