Restraining Orders

Restraining Order Violations: What They Are, and How We Can Help

A restraining order is typically requested to protect someone from being physically or sexually abused, threatened, stalked, or harassed but sometimes the person requesting the order does not have a sufficient basis for their request or they are using it for improper purposes. The person the restraining order is requested against is known as the restrained party and if granted, the restraining order can include terms that limits your personal conduct, mandates a distance to stay away from the protected party, prevents contact in any way, forces the restrained party to move out of their home, and even requires relinquishment of firearms.

If a restraining order is granted against you there can be serious consequences that affect your home life, your freedom of movement, and various liberties. If you or someone you know is subject to a domestic violence, elder abuse, workplace violence, or civil harassment restraining order request then contact our office to get a jump start on your defense.

Restraining orders, which are also known as stay-away orders, protective orders, and no-contact orders, are issued when the courts decide that one person must refrain from contacting someone else. They are intended to protect the person who took out the order from threats, stalking, harassment, or physical abuse by the individual named in the order. Examples of prohibited contact include:

  • Phone calls
  • Text messages
  • Emails
  • Social media interactions
  • Coming within a certain distance of the person being protected

California courts generally issue four types of protective orders:

  • Domestic violence restraining orders designed to protect a person from abuse at the hands of someone with whom they share an ‘intimate relationship’.
  • Civil harassment restraining orders that protect people who are not intimate partners of the subject person, such as co-workers, roommates, or neighbors.
  • Workplace violence restraining orders that an employer requests to protect an employee from real or implied violence in the workplace.
  • Elder or dependent adult abuse restraining orders issued to protect seniors and adults with certain disabilities from abuse or neglect.

If someone is seeking a restraining order against you, the Nieves Law Firm can help. There are acceptable defenses to a request for restraining order, such as:

  • There was no credible threat of violence
  • There was no course of conduct that amounted to harassment
  • False allegations were made against you
  • The protected party failed to meet the burden of proof

With so much of your personal liberties at stake, you don’t want to take your chances defending a restraining order on your own. The Nieves Law Firm, APC has years of experience in successfully defending cases like yours. We offer a free initial consultation, so call 510-779-2082 or contact us here. Let us help you protect your reputation and preserve your freedom.

Our restraining order lawyers at The Nieves Law Firm are serving clients in Oakland, CA and surrounding areas, including Alameda, Contra Costa, Marin, Solano and San Francisco counties. Call at (510) 779-2082 for a Free Consultation and speak to our stay-away order attorneys.