Civil Restraining Orders Lawyer San Jose
No one should suffer harassment, threats, or stalking. Fortunately, California allows the targets of this violence to seek a civil restraining order. Contact Knight Law if you need a restraining order or simply want to talk with an experienced lawyer. There are many types of restraining orders, so choosing the right one is critical to speed up the process. Our office can help file a petition in court and represent you at a hearing. If you file the restraining order yourself or go to court to defend yourself against a restraining order without an attorney, you are at a significant disadvantage. A restraining order attorney can help you put on a persuasive case before the judge to issue the restraining order for up to 5 years.
We also have experience defending people from restraining orders. Some people make false allegations of abuse to gain leverage over a former partner or spouse. Nana Knight is an experienced restraining order attorney in San Jose who can defend you by crafting a tailored defense and by lodging the appropriate evidentiary objections against the evidence offered by your accuser.
Call our offices to find out more about how we can help. A San Jose civil restraining order lawyer is standing by.
What is a Civil Restraining Order?
This is a court order restraining a person from threatening, harassing, or stalking another person. If the person restrained violates the law, they have committed a crime. The police can arrest them, and a judge can punish them, including even sending them to jail.
California has many civil restraining orders, also called protective orders:
- Violencia doméstica restraining orders
- Elder abuse restraining orders
- Civil harassment restraining orders
- Workplace violence restraining orders
The laws for each are a little different, so work with an attorney to identify the correct one.
The Process for Obtaining a Restraining Order
The person seeking an order will file a petition with the court. Their petition must include details of the abuse or harassment, as well as the identity of the abuser. A judge may issue a temporary restraining order if there is sufficient evidence and then schedule a hearing for later.
The person restrained should be served a copy of the restraining order. This order is fully in effect even if there has not yet been a hearing. The order outlines what the person cannot do, such as contact the person protected by the order. The judge probably restrained them from contacting the alleged victim’s children, family, or friends.
Anyone restrained has an opportunity to be heard before the judge issues a permanent order. This person may present witnesses and cross-examine the other side’s witnesses. A judge cannot issue a permanent order unless the court finds it is necessary.
How Knight Law Can Help
Our office can help anyone with the restraining order process. We have helped victims of harassment obtain emergency orders, and we can present evidence to a judge when seeking a permanent order. There are many orders and choosing the wrong one can delay protection.
Some alleged victims misuse the process to gain a leg up in a divorce or to strike back at a former romantic partner. These are real possibilities—which is why the state requires a hearing before a judge enters a permanent order. We can also represent the person restrained at the hearing or if you were picked up for violating the order. You are also entitled to an attorney.
Schedule a Free Consultation
Knight Law provides professional criminal defense services to the San Jose community. Give us a call to speak with our founder, Nana Knight, about how our firm can help.
