Restraining Orders in San Francisco and Marin County
At Warren Major LLP, our San Francisco and Marin County restraining order attorneys can help you obtain a civil harassment restraining order. This type of order is designed to protect individuals who are facing stalking, threatening, harassing, or abusive behavior. If you need this type of protection, we can assist you in getting the relief that you need.
If any of the following are happening to you in a way that bothers or terrifies you, then you can file for a civil harassment restraining order:
- Sexual assault
- Unwanted communication
Warren Major LLP can work with you to ensure that you and those you love receive the protection you need.
About Civil Harassment Restraining Orders
Who can be restrained?
The person you want to file a Civil Harassment Restraining Order against CAN NOT be:
- Your spouse/partner or former spouse/partner,
- Someone you dated at any point, OR
- A close relative (parent, child, brother, sister, grandmother, grandfather, in-law).
People who fall into this category need a Domestic Violence Restraining Order.
A civil harassment order may be filed in the following cases:
- A roommate (not a current or former partner)
- A friend, or someone who you used to consider a friend
- A neighbor
- Someone else you do not have a close relationship with
- A family member more than 2 degrees removed, such as an uncle, aunt, niece, nephew, cousin, and more distant relatives;
- Other people you are not closely related to
A restraining order requires individuals to prove that the person being restrained: has harmed them, threatened to harm them, or harassed them in a way that caused scare or annoyance (including stalking).
What qualifies as “harassment”?
According to California law, actions are considered “harassment” if they involve:
- Violence or threat of violence
- Sexual abuse or threat of abuse
- Unwanted communication, especially repeatedly, especially in a manner that significantly annoys or intimidates you
What Does a Restraining Order Do?
A restraining order is more than just a request for the restrained person to behave.
It is a legal order from a court that the restrained person would face severe penalties for breaking. Because restraining orders are entered into California’s law enforcement database, if you experience harassment after getting an order, you can reach out to law enforcement for assistance and protection.
Among other things, the order can legally require the restrained person to:
- Stop communicating with you
- Stay away from you, in public, in your place of work, in your school, and in your home
- Stop communicating with members of your household
- Stay away from members of your family or household, including your children, and their schools and workplaces
- Not own a gun
A restraining order can provide relief for individuals whose unwanted and sometimes dangerous attention seems relentless.
How Long Do They Last?
The first restraining order, which you get after you file the papers, is only temporary and lasts until your court date. If the judge decides to give a restraining order, it can last from one to five years.
Restraining Orders Attorney in San Francisco
It is the job of the attorney to ensure you understand the process of filing an order. There are more than a few steps required to file a restraining order.
First, you will need to file a Request for Order and a Notice of Court Hearing with the courts. You can also file a declaration along with the first two filings if a child is involved and you’d like to protect them as well. This is more common with domestic violence cases.
The request will then be approved or denied, but if approved, the person on the other side of the order must be served notice.
You will then have a hearing where you can present evidence, testify, and allow witnesses to testify. This is when the final decision is made.
Luckily, the best attorney in San Francisco can help you with every single step, even the initial filings.
Warren Major LLP Assists Clients in Obtaining Restraining Orders in San Francisco and Marin County
If you’re considering taking the legal journey toward a restraining order, our San Francisco and Marin County restraining order lawyers at Warren Major LLP can help. We take on each client’s case personally and have successfully advocated for them in court. Give our office a call today to get started.
Warren Major LLP