San Jose Restraining Order Lawyer
If you are being stalked, harassed, or threatened by someone, you may want to consider a restraining order. A restraining order is a court-issued order to protect a person from physical pain or injury or even threats. It can be issued against a family member or anyone else who is threatening your safety. You don’t have to be in a relationship with someone in order to get a restraining order against them, but you do need to know where the person lives or works.
The main goal of a restraining order is to provide protection and security for the victim. These orders prevent annoyance, harassment, stalking, disturbing the peace, and any type of contact. If the restrained person violates the order, they will be arrested.
Restraining orders can be complicated. It is essential that you speak with an experienced lawyer. A San Jose restraining order lawyer from Argyris Mah, LLP can provide you with the assistance you need to protect your safety and well-being.
Types of Restraining Orders
In California, there are four types of restraining orders a person can file:
- Emergency protective order. This type of restraining order is used mostly by law enforcement. It is common in criminal cases such as those involving domestic violence. It is a temporary order, valid for just five days.
- Temporary restraining order. This is a civil order that is common in domestic violence cases. While it is valid for three weeks, victims are often able to extend the order or make it permanent for up to three years.
- Criminal protective order. This type of restraining order is obtained through the district attorney’s office. A person is ordered to not to have any contact with the victim.
- Civil harassment restraining order. This is a civil order against a person that is used to stop harassment and stalking.
The Process
A civil harassment restraining order can provide you with protection right away. Once you submit the papers to the court, a judge will decide whether to grant you immediate protection. In some jurisdictions, you can file the paperwork online; your lawyer can assist with this process.
The other person will be served the court papers. You will convince the judge why you need a restraining order. You can bring witnesses and any evidence you have, as can the other party.
The judge can grant a long-term restraining order that can last up to five years. Keep in mind that the process can take a few weeks or even several months, so be patient.
Contact Our San Jose Restraining Order Attorneys for Help
If someone is harassing or threatening you, you may wish to get a restraining order against them. A skilled lawyer can protect you.
Stay safe. Contact a San Jose restraining order lawyer from Argyris Mah, LLP to protect your legal rights. Schedule a consultation today by calling (408) 214-6366 or filling out the online form.
