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San Jose Divorce Lawyers / San Jose Restraining Order Lawyer

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.
  • Domestic Violence Restraining Order (DVRO) – Protects individuals who are victims of abuse by a current or former spouse, cohabitant, dating partner, or family member.
  • 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 – Applies when the threat comes from someone who is not a close family member or intimate partner, such as a neighbor, roommate, coworker, or acquaintance.
  • Workplace Violence Restraining Order – Employers can file this order to protect an employee from threats or violence at work.
  • Elder or Dependent Adult Abuse Restraining Order – Protects seniors and dependent adults from abuse, neglect, or financial exploitation.

The Restraining Order Process in San Jose, CA

Restraining orders play a crucial role in protecting individuals from threats, harassment, or abuse in San Jose, CA. If you feel unsafe due to someone’s actions, obtaining a restraining order can provide legal protection and peace of mind. At Argyris Mah, LLP, we help clients navigate the legal complexities of restraining orders, ensuring that their rights and safety are prioritized.

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.

Obtaining a Restraining Order in San Jose

To obtain a restraining order in San Jose, CA, follow these steps:

  1. Fill Out Court Forms – The request for a restraining order includes details about the threat or harm you have experienced. Forms such as the Request for Domestic Violence Restraining Order (DV-100) or Civil Harassment Restraining Order (CH-100) are used, depending on the type of case.
  2. File Forms with the Court – The paperwork must be submitted to the Santa Clara County Superior Court, which serves San Jose residents. There is typically no fee for filing a domestic violence restraining order, while other types may require a filing fee.
  3. Judge’s Review and Temporary Order – The judge may grant a temporary restraining order (TRO), which lasts until the hearing date, typically within 21 days.
  4. Serve the Order – The restrained person must be formally notified of the order, usually by the Sheriff’s Office or a process server.
  5. Court Hearing – Both parties present their case before a judge. If the court finds sufficient evidence, a permanent restraining order (lasting up to five years) may be issued.
  6. Enforcing the Order – Violating a restraining order can lead to arrest, criminal charges, and additional penalties.

Laws Governing Restraining Orders in California

San Jose follows California restraining order laws, including:

  • California Family Code § 6200-6389 (Domestic Violence Prevention Act) – Provides legal protections for domestic violence victims.
  • California Code of Civil Procedure § 527.6 – Governs civil harassment restraining orders.
  • California Penal Code § 273.6 – Defines penalties for violating a restraining order, which may include fines and jail time.

Restraining orders can include provisions such as:

  • Stay-Away Orders – Prevents the restrained person from being within a certain distance of the victim’s home, workplace, or school.
  • No Contact Orders – Prohibits phone calls, emails, social media messages, or any form of contact.
  • Firearm Restrictions – The restrained person may be required to surrender their firearms to law enforcement.

San Jose Restraining Order FAQs

1. Who can file for a restraining order in San Jose?

Anyone experiencing harassment, abuse, threats, or violence can file for a restraining order, whether the perpetrator is a family member, partner, neighbor, or coworker.

2. How long does a restraining order last in California?

A temporary restraining order (TRO) lasts up to 21 days. If granted, a permanent restraining order can last up to five years and may be renewed before it expires.

3. What happens if someone violates a restraining order?

Violating a restraining order is a criminal offense under California Penal Code § 273.6, which may result in jail time, fines, or both.

4. Do I need a lawyer to file a restraining order?

While you can file on your own, having a lawyer helps ensure the paperwork is correctly completed, evidence is properly presented, and your rights are protected.

5. Can I get a restraining order against a coworker?

Yes, a workplace violence restraining order can be filed by an employer on behalf of an employee facing threats or violence at work.

6. Can I request a restraining order online in Santa Clara County?

Some forms can be completed online, but you must file them in person at the Santa Clara County Superior Court.

7. What kind of proof is needed for a restraining order?

Evidence may include threatening messages, police reports, witness statements, medical records, or photos of injuries.

8. Will a restraining order show up on a background check?

Yes, if the order is granted and the restrained person violates it, it may appear on their criminal record.

9. Can a restraining order be dropped?

Yes, either party can request to modify or dismiss the order by filing a motion with the court. The judge makes the final decision.

10. Can a restraining order be issued without the restrained person being present?

Yes, temporary restraining orders are often issued ex parte (without the other party being present). However, the restrained person can present their defense at the court hearing.

How Argyris Mah, LLP Can Help

Filing for a restraining order can be a stressful and emotional process. Argyris Mah, LLP provides skilled legal assistance for individuals in San Jose seeking protection or defending against unfair restraining orders.

  • Legal Guidance – We help you determine the right type of restraining order for your situation.
  • Evidence Collection – Our team ensures you have the strongest possible case with the right documentation and testimony.
  • Court Representation – We advocate on your behalf in restraining order hearings.
  • Defense Against False Claims – If you are wrongfully accused of abuse or harassment, we will build a strong defense to challenge the order.

Whether you need protection or legal defense, Argyris Mah, LLP is dedicated to safeguarding your rights. Contact us today to schedule a consultation and get the legal support you deserve.

Serving San Jose & Beyond

  • Alameda County 
  • San Mateo County
  • Almaden Valley
  • Blossom Valley
  • Cambrian Park
  • Campbell
  • Cupertino
  • Downtown San Jose
  • Evergreen
  • Gilroy
  • Los Altos
  • Los Gatos
  • Morgan Hill
  • Mountain View
  • Palo Alto
  • Rose Garden
  • Santana Row
  • Saratoga
  • Silver Creek Valley
  • Sunnyvale
  • West San Jose
  • Willow Glen

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.