Restraining Orders: Frequently Asked Questions
Get the facts about Restraining & Protective Orders in the Bay Area
We have provided some answers to common questions we receive regarding restraining orders, the court process around obtaining and defending against these and our law firm’s services. We also invite you to contact us if you have specific questions about your unique legal situation.
Do I really need a lawyer to handle restraining order issues?
Technically, there is no legal requirement that someone be represented by an attorney when seeking or opposing a restraining order. However, there are many benefits to having legal representation including:
- Legal guidance regarding the best type of restraining order given a particular situation
- Skilled preparation of the court paperwork based on knowledge of the legal standard and types of evidence that will justify such orders
- Legal representation at the permanent restraining order hearing
- Avoiding pitfalls like failing to provide the court order to law enforcement for inclusion in CLETS or on the other party so that the order is effective
- Skilled cross-examination of accusers when being subjected to unfounded requests for protective orders
- The peace of mind that comes from answers to your questions based on extensive experience
Why should I retain the Law Offices of Lucy S. McAllister for my restraining order issue?
San Francisco restraining order attorney Lucy S. McAllister brings a mix of experience that provides an ideal background for handling restraining order matters. She has represented clients for more than two decades involved in divorces and other family law cases involving domestic violence as well as child abuse or neglect allegations. She also have defended clients charged with felonies and misdemeanors based on allegations of domestic violence and violations of restraining orders. Her extensive courtroom experience litigating restraining order, civil harassment and domestic violence issues is evidenced by her representation of clients in over a hundred trials in Superior Courts in the Bay Area. Ms. McAllister also understands the evidence that judges will find persuasive based on her own experience on the bench as a judge.
Does your law firm handle restraining order issues where I live?
Our Bay Area Protective Order Law Firm represents Northern California clients in the following regions and counties: East Bay, North Bay, San Francisco, San Jose, Silicon Valley, Peninsula, Alameda County, Contra Costa County, Marin County, Napa County, San Francisco County, San Mateo County, Santa Clara County, Solano County and Sonoma County as well as the following major metropolitan areas: San Francisco, San Jose, Oakland as well as smaller cities and unincorporated areas in the vicinity of these areas.
Should I be concerned that seeking a restraining order will significantly damage the relationship I have with the other party?
When someone is the victim of violence or threats of violence against their person or children, swift action to obtain restraining orders is essential. However, sometimes disagreement with neighbors can be resolved through the process of mediation to avoid turning a neighbor that you may see on a daily basis into an enemy. We often hear from victims of domestic violence who are afraid to seek restraining orders because they are concerned about the financial impact of seeking protection from a family breadwinner. We frequently seek alimony, child support and other appropriate orders to alleviate such financial hardships when seeking Bay Area protective orders.
What if I have not decided yet how I wish to proceed or whether to hire an attorney?
At the Law Offices of Lucy S. McAllister, we offer an initial consultation so that we can assess your situation and advise you regarding your right and options. We often meet with clients who are unsure about the best course of action so we form a partnership with our client to facilitate an informed decision about what the best alternative is for our clients. While we have established our reputation as tenacious advocates in the courtroom, we consider the role of providing sound legal advice and guidance as equally important.
Whether you need assistance obtaining a restraining order, representation in court or help defending your reputation and freedom against false allegations, we invite you to schedule a consultation to see how we can help.