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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





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.

Restraining Orders 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.

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

A restraining order can dictate various aspects of your life, including your ability to parent your children, be present in specific locations, and even live in your own home. Since the repercussions of a restraining order may be severe, getting sound legal advice and representation is often in an individual’s best interest. Contact a San Leandro restraining order lawyer for help.

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