San Francisco Restraining Order Attorney
There are a number of situations where a person may be threatened and in need of protection. This need often arises in the context of domestic violence, where a person has been harmed–or is in imminent threat of harm–from an intimate partner or family member. Under California law, the at-risk person can seek legal protection by asking a judge to issue a restraining order.
The law in this area is quite complex and often overwhelming for victims who are often struggling just to stay alive. That is where our qualified San Francisco restraining order attorney can help. At Cardwell Steigerwald Young LLP, our California family law team can review your situation and advise you on whether a restraining order is appropriate for your situation. We can walk you through the process of petitioning for an order, deal with the court on your behalf, and assist you in enforcing an order should your attacker not comply with its terms.
How Restraining Orders Work in California
There are actually several different types of restraining orders available under California law. Some of the more common types include:
- Domestic Violence: A domestic violence restraining order applies to someone you have been in a dating or intimate relationship with, including a spouse or registered domestic partner, or another relative, such as a child, parent, sibling, grandparent, or in-laws. You can also apply for a domestic violence restraining order who has abused or threatened your children. This includes online acts such as cyberstalking.
- Civil Harassment: A civil harassment restraining order applies to anyone you are not closely related to or previously involved with in an intimate relationship. Such orders are commonly used to prevent threats and harassment by a coworker, neighbor, or landlord.
- Elder or Dependent Adult: California law allows a court to issue a restraining order to protect a person who is age 65 or older, or otherwise classified as a “dependent adult,” from abuse or threats.
- Workplace Violence: A California employer can ask a judge to issue a workplace violence restraining order to protect one or more of their employees from threats. This order must be requested by the employer. The employee may still be able to separately apply for a civil harassment restraining order.
A judge may issue a temporary restraining order ex parte, meaning without giving notice to the party the order is sought against. A permanent restraining order requires a hearing before the judge, however, where the subject is allowed to present evidence in their defense. Once issued, a permanent restraining order can last up to 5 years from the date of the court hearing.
Violating a restraining order is a criminal offense. In California, most first-time violators are charged with a misdemeanor punishable by up to 1 year in county jail. But if the defendant had a prior conviction for violating a restraining order, or their current violation involved an act of violence, prosecutors can charge the case as a felony.
Contact Our San Francisco Restraining Order Attorney
Taking out a restraining order is a serious matter for both you and your family. You must be prepared to prove your case in court and deal with your abuser and their counsel. Your best protection in these cases is to work with your own dedicated San Francisco restraining order attorney. Call Cardwell Steigerwald Young LLP today at 415-259-5885 to schedule a consultation.
