Richmond Restraining Order Lawyer
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
Types of Restraining Orders in Richmond
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.
Civil Harassment Restraining Order
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.
Domestic Violence Restraining Order
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.
Workplace Harassment Restraining Order
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
Elder Abuse Restraining Order
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.
- Civil Harassment Restraining Order: Five years
- Domestic Violence Restraining Order: Five years
- Elder Abuse / Dependent Adult Restraining Order: Five years
- Workplace Violence Restraining Order: Three 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.
Schedule a Free Consultation
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.