Restraining Order Attorney in San Francisco and the Bay Area

A restraining order attorney in San Francisco provides guidance and representation if you have received notification of a restraining order hearing or are seeking to have an order issued against someone else. My law practice also serves all eight other San Francisco Bay Area counties including: Marin, Contra Costra, Solano, Santa Clara, San Mateo, Alameda, Sonoma, and Napa.

Restraining Order Attorney in San Francisco

 

I represent individuals seeking restraining orders, as well as individuals in need of defense against a petition for a restraining order. If you find yourself in either situation, you should hire a restraining order attorney San Francisco immediately.

There are critical and legally significant differences between the standards of proof in different types of restraining orders. In other words, the standard of proof is used by Judges in different types of restraining orders cases to determine whether the petition will be granted or dismissed. It is important to have an attorney that understands these differences in order to assess the viability of your defense or petition, and use the facts in your case to obtain the result you are seeking.

The Law Office of Valery Nechay can assist you in all of the following types of restraining orders:

  • Domestic Violence Restraining Orders
  • Elder Abuse Restraining Orders
  • Workplace Restraining Orders
  • Civil harassment restraining orders

 

Defending Against a Domestic Violence Restraining Order

 

Even if you feel the petitioner is mistaken or outright lying, the situation is serious and can have permanent repercussions if you do not act quickly and carefully. If you deliberately, or even accidentally, violate the order, you can face legal penalties such as arrest and criminal charges. In addition, any perceived violations of a temporary restraining order will be used against you at the restraining order hearing. Unlike most other types of restraining orders which use the “clear and convincing” standard of proof, domestic violence restraining orders are evaluated at a much lower evidentiary threshold, or standard of proof called the “preponderance standard.” Additionally, domestic violence restraining order hearings take place in the family court division rather than civil court division.

If you are facing other legal matters like additional criminal charges or are in the midst of a divorce or custody battle with the petitioner, your life will become much more complicated if a domestic violence restraining order is granted.

If you are seeking a domestic violence restraining order attorney in San Francisco, Valery Nechay Law will provide sophisticated and aggressive representation to ensure your rights are maintained.

Petitioning for a Domestic Violence Restraining Order

 

You can petition for a domestic violence restraining order if you are in a close romantic or familial relationship with someone who has abused you, or your child, or threatened such abuse.

As opposed to civil harassment restraining orders, domestic violence restraining orders are generally used when petitioning for a range of family members, such as:

  • Spouses
  • Domestic partners
  • Romantic partners
  • Relatives, including children, step-children, and parents

It’s important to note that the standard of proof in domestic violence restraining orders is much lower than other types of restraining orders and can have a serious impact on divorce proceedings and custody arrangements. 

In domestic violence restraining orders, the standard of proof is the preponderance standard, under which the burden of proof is met when the petitioning party convinces the court that there is a greater than 50% chance that the claim is true. Conversely, in civil harassment restraining orders, the standard of proof is “clear and convincing evidence”. It is important to choose an attorney who is seasoned in these important differences so that they can use the applicable facts to argue why the standard of proof has not been met. 

The timeline within which you file a petition for a domestic violence restraining order is critical to your success at the final hearing. The petition includes a lot of confusing and lengthy paperwork and forms which a restraining order attorney can assist you in preparing, along with any evidence you have gathered to support your petition.

Elder Abuse Restraining Order

 

You can petition for an elder abuse restraining order if you or someone you know is an elderly or dependent person and suffers from physical, financial, or emotional abuse or neglect.

Elder abuse restraining orders are also evaluated at a “preponderance of the evidence” standard of proof.

Contact my office for a consultation on how to obtain an elder abuse restraining order or domestic violence restraining order today.

Civil Harassment Restraining Order Attorney

 

For categories of non-familial or non-romantic people like coworkers and associates, the court may issue a civil harassment order. Receiving notification of a pending hearing can be shocking, and a civil harassment restraining order attorney will help you navigate this confusing time.

If your neighbor, friend, or coworker has petitioned the courts to ensure you keep a specific distance, for a restraining order, you should defend yourself, especially if you feel the claims are unwarranted. A restraining order attorney San Francisco with experience in civil litigation will advise you of your rights.

 

Workplace Violence Restraining Order

 

Sometimes, a workplace violence restraining order is necessary to ensure a safe environment for employees. A court can issue a civil harassment restraining order if an employer provides reasonable evidence that an employee has suffered illegal violence or there is a credible threat of violence. This could mean assault, battery, or stalking, but it also includes a variety of harassing actions, some of which you might not consider, like emails, phone calls, or texts.

If you feel that your employer has unfairly targeted you, seek the counsel of a restraining order attorney in San Francisco for advice and advocacy.

Temporary Restraining Order San Francisco Process

 

A restraining order in San Francisco follows a specific procedure. After the petition and supporting documents are filed, the court will send you a notification of a court hearing where you will be able to defend yourself. It is important to know that until that time, you need to keep your distance.

At the hearing, the petitioner will describe the scenario and why it validates the need for a temporary order. Regardless of whether the claims are true or false, you should consult a restraining order attorney in San Francisco to assess your options and represent you at the hearing.

 

 If the California courts grant the order, you will receive notice and directions for complying. Typically, this includes staying away from the petitioner, his or her house, vehicle, place of work, and other loved ones. The temporary restraining order may even restrain you from seeing your own children.

If you break the order, the petitioner can call the authorities to have you arrested. If that occurs, you will require a criminal defense lawyer, as this can cause other legal problems. Depending on the severity of the offense, this could result in:

  • Criminal conviction
  • Loss of custody and/or visitation rights
  • Loss of any professional license you might have

Read about Valery Nechay, a leading restraining order attorney in San Francisco, to begin the process.

 

Hiring a Restraining Order Attorney in San Francisco

Unfortunately, disgruntled spouses sometimes make false accusations, so you should hire a restraining order attorney in San Francisco even if you feel that you are innocent.

When the courts provide a temporary order, you may not know what actions to take. Never disregard it. Be proactive and immediately contact a lawyer about your possible choices and rights.

SET UP A CONSULTATION TODAY

If you are under investigation or charged with a crime, I will consult with you in person and at no charge to you.