San Leandro

Restraining Order Lawyer

Restraining orders may arise in various contexts, including disputes involving domestic violence, disagreements among neighbors or roommates, or problems in the workplace. Whatever the cause, if you become the potential subject of a restraining order, you could experience a significant impact on your daily life, depending on the terms of the specific restraining order. If law enforcement officials serve you with notice of a restraining order, your first call should be to a San Leandro restraining order lawyer.

There are two sides to every story, and an experienced restraining order lawyer can work diligently on your behalf to discover the real facts in each case. With a reliable legal advocate on your side, you may be able to avoid or minimize the effects of a restraining order on your life. En Español

Why are Restraining Orders Filed in San Leandro?

Restraining orders are court orders meant to protect persons from physical or sexual abuse, harassment, stalking, and threats. In some cases, restraining orders protect not only the complaining party but also other family or household members. A restraining order lawyer in San Leandro may able to advise individuals about their specific rights and responsibilities when they are subject to these orders.

There are several provisions often contained in restraining orders. First, a restraining order prohibits individuals from engaging in specific conduct, such as harassing, abusing, or contacting others. Next, stay-away provisions in restraining orders ban individuals from being within so many yards of the protected persons, as well as from their homes, workplaces, schools, vehicles, childcare facilities for their children, and other essential locations.

Some restraining orders also contain residence exclusion orders, which courts often refer to as “move-out” orders. These orders require the subjects of the restraining order to move out from where they have been living with the protected persons, removing only necessary personal items and clothing, until the court can hold a hearing on the restraining order. Residence exclusion orders are only applicable in domestic violence or elder abuse cases in which the alleged perpetrator and victim cohabitate – move out orders are not made in civil harassment or workplace violence restraining orders.

Are There Different Types of San Leandro Restraining Orders?

California law provides for four different types of restraining orders. Violation of these orders may result in harsh repercussions, as well, which may necessitate the assistance of a restraining order attorney in San Leandro for individuals who are accused of a restraining order violation.

Domestic Violence Restraining Order

Domestic violence restraining orders cover situations in which individuals abuse others with whom they share an intimate or familial relationship. Qualifying relationships include close relatives, married, separated, or divorced individuals, individuals who are dating or who formerly dated, individuals who share a child, and intimate partners who live or used to live together (not as roommates).

Elder or Dependent Adult Abuse Restraining Order

Only individuals who are 65 years of age or older, or who are adults over the age of 18 with physical or mental disabilities, may seek an elder or dependent adult abuse restraining order. Situations in which eligible individuals may seek this type of restraining order include they have allegedly been the target of physical, mental, or financial abuse, neglect or abandonment, or deprivation of basic needs by their caregivers.

Civil Harassment Restraining Order

Civil harassment restraining orders are reserved for situations in which individuals allege harassing, stalking or abusive behaviors by others with whom they do not have a close family or household relationship. These scenarios involve individuals who do not qualify for domestic violence restraining orders such as neighbors and roommates.

Workplace Violence Restraining Order

Employers may request workplace violence restraining orders to protect their employees from stalking, harassment, violence, or credible threats of violence at the workplace. Employees, however, may not request these orders; their only recourse would be to ask for a civil harassment restraining order or domestic violence restraining order, as applicable.

Working with a San Leandro Restraining Order Attorney May Help

At Nieves Law Firm, we strive to protect our clients from harm and harassment through the effective use of restraining orders. We are proud to share that as a firm, we have helped countless clients through the process of both filing and challenging restraining orders in court. When looking into filing a restraining order, one of the most important things to note is that their primary purpose is to provide protection, not financial benefit. The main objective of a restraining order is to provide a solution that stops harassment and potential harm. At Nieves Law Firm, we focus on securing restraining orders and providing defense to our clients who have been accused of causing harm or harassment.  Restraining order court is focused primarily on protecting an individual’s safety and freedom as opposed to potential financial compensation. There are other avenues to take that are solely focused on money instead of restraining orders, which are focused on a person’s liberties and safety.

If you or someone you know needs any assistance when it comes to filing a restraining order or defending against a restraining order please reach out to a San Leandro restraining order lawyer at our firm. Please get in touch with us with any further questions or comments. First-time clients can set up a free consultation to outline what options you have and how best we can serve you.