Top Oakland Criminal Defense Attorney JoAnna Nieves (CEO and Founding Attorney of The Nieves Law Firm) explains: Civil Harassment Restraining Orders and the "Burden of Proof."

A Civil Harassment Restraining Order refers to the type of relationship the two parties had: meaning they do not have a familial or intimate relationship. Examples are: neighbors, roommates, friends who have never had a romantic or sexual relationship, acquaintances, community members, etc.

Restraining orders are almost always an emotionally stressful situation, and the process (while possible to do for yourself) is often difficult to navigate. There are many forms and deadlines to keep track of, and the hearings can be a full on long cause trial. The petitioner requests that the respondent stay away from them, their house, their work, their children or pets, etc. and a judge will grant or deny based on the evidence provided. In order for a Restraining order to be granted, there has to be clear and convincing evidence of harassment. This is referred to as the "Burden of Proof".
If you have been served with a Restraining Order, you have the option to respond and or counterfile against the petitioner.

At the Nieves Law Firm we often speak to people who have unsuccessfully attempted to petition for or defend against a Restraining Order case. The feedback is usually that they didn't feel that the judge took the time to hear their side of the story, and this is frequently because the proper channel was not taken to get that information to the judge. An experienced Restraining Order lawyer can help you navigate the process so that your voice is clearly heard. We at The Nieves Law Firm believe that everyone deserves fair representation in court so that justice may prevail.

If you have been accused of a crime in California, or are trying to file or defend against a Restraining Order in the Bay Area or Sacramento, we can help. Contact an Oakland restraining order lawyer at The Nieves Law Firm today to schedule a free consultation with a member of our team.


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