Obtaining a Restraining Order

Attorney Lucy S. McAllister draws on over three decades of legal experience representing those subjected to assault, battery, domestic violence, child abuse, stalking and harassing conduct both in criminal courts and family courts.

Our law office’s unique blend of client experience handling restraining order situations in the Bay Area civil and criminal courts including more than two hundred fifty California Superior Court trials is your solution to protecting your rights and safety. Lucy McAllister has the expertise, legal knowledge and familiarity with family violence and harassment to construct a persuasive legal strategy based on the facts and restraining order law so that you obtain the protection you need if you are subjected to violence, threats of violence and harassing behavior.

The process of requesting a restraining order in a San Jose, San Francisco and other Bay Area courts involves a two stage process.

Temporary Restraining Orders (TRO)

The first stage in the process involves submitting an application for a temporary restraining order (TRO). If you have a basis to fear that you will be subjected to ongoing harm or violence, you do not have to notify the other party when seeking a TRO. Even when we provide notice, we often file for emergency ex parte orders and give telephonic notice so that we can get our clients in court the next morning to obtain their TRO.

Permanent Restraining Orders (PRO)

The court will schedule a hearing within 21 days to allow the protected party to present evidence supporting the need for a permanent restraining order, which is the second stage in the process of requesting a restraining order in the Bay Area and throughout California.

Ms. McAllister and her staff works with clients in gathering the evidence that will provide a basis for the judge to grant the permanent restraining order. While we may use a broad range of evidence in seeking permanent restraining orders in a San Francisco or San Jose court, some of the types of evidence that we may rely on includes:

• Police reports documenting incidents of violence
• Medical treatment records documenting any injuries
• Witness testimony and sworn declarations regarding stalking, harassment, violent threats, physical abuse
• CPS reports documenting child abuse against your children by the other party
• Records or transcripts of 911 cases regarding domestic disputes

While this is certainly not a comprehensive list of the types of evidence that may be important, these are representative examples. If the judge grants the restraining order, it may include some or all of the following terms depending on the type of restraining order:

• Orders restricting personal conduct of the other party (all restraining orders)
• Stay away orders covering you, your home and work as well as your kids’ school (all restraining orders)
• Residential exclusion (domestic violence restraining orders)
  Child custody and visitation orders (domestic violence restraining orders)
• Other miscellaneous orders including requests for spousal and child support (domestic restraining orders)

San Francisco restraining order request attorney Lucy S. McAllister represents clients in seeking all types of restraining orders including:

• Domestic Violence Restraining Orders: These orders require a special relationship between the parties including married parties, ex-spouses, dating couples, parents, immediate family members and ex-boyfriends/girlfriends to protect a victim from violence, battering, harassing, stalking, threatening, assault and other acts of violence. These restraining orders may be granted for up to a five year period.
• Civil Harassment Restraining Order: This type of restraining order may be sought without any of the special relationships between the parties indicated above. These restraining orders do not necessarily require violence but may be granted for harassment rather than actual physical violence. The judge may grant these orders for a term of three years.
• Workplace Violence: This type of application for Bay Area restraining orders may be granted to protect an employee from workplace stalking, harassment or violence for three years.
• Elder and Dependent Abuse

Criminal Protective Orders

There are also restraining orders of extremely brief duration and usually are extended in response to an arrest by law enforcement officers. These emergency protective orders are granted to protect a victim from child abuse, acts of violence in the workplace, domestic violence, civil harassment, abduction of a child, stalking, elder abuse (nursing home abuse). These orders are intended to protect a victim for a period of short duration to provide time to file for appropriate restraining orders in court. These protective orders are only effective for five court days or seven calendar days.

If a criminal case is filed based on an incident of domestic violence, the criminal court will routinely grant a criminal protective order. This form of protective order is intended to protect the complaining witness (domestic violence victim) from intimidation. Criminal protective orders will remain in effect for the duration of the criminal case and can be extended until the perpetrator has completed probation or up to ten years.

If you are an abused spouse or the victim of stalking, violence or harassment by a neighbor or employer, you may feel trapped and unsure where to turn to seek protection for you and/or your children. San Francisco Restraining Order Lawyer Lucy S. McAllister understands that the turmoil and conflict that surrounding domestic violence or harassment can be overwhelming. Because we recognize the challenges and concerns that victims of stalking, physical abuse, harassment and threats face, we move promptly to stop the pattern of abusive or offensive conduct.