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Chico Restraining Order Lawyer

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Chico Restraining Order Attorney

When your safety is threatened, it can impact every aspect of your life. If someone presents a persistent threat of violence or continuous harassment, it can leave you feeling like there’s no way out. However, California law gives you options to legally protect yourself. A Chico restraining order lawyer can help you establish these protections and get your life back.

Chico Restraining Order Lawyer

Chico Restraining Order Attorney in California

Filing a restraining order provides legal protection against the individual harassing you. The attorneys at Eric Alan Berg & Associates can walk you through the process of filing the order and protecting your personal well-being. Our team offers the experience and compassion necessary to protect your rights and your safety and help you through this difficult time.

How Restraining Orders Work in California

After you file for a restraining order against your abuser and it is approved, you gain immediate legal protection that follows you even across state lines. The order prevents your abuser from contacting you or coming within a certain distance from your location at all times. This blanket protection can cover you, your family, and your pets. If you live with the accused person, a restraining order would require them to move out, taking only their personal belongings and protecting yours.

While filing for a restraining order is a relatively simple process, having a Chico restraining order lawyer on your side to walk you through the process can expedite proceedings and ensure you have sufficient evidence against the accused.

Examples of court-approved evidence include:

  • Photographs of property damage or injuries incurred
  • Medical records of injuries sustained
  • Police reports that detail events
  • Witness statements from individuals who have observed the threatening or violent behavior
  • Emails, voicemails, and text messages containing harassment or threats of violence

You must also provide the name, date of birth, and address of the person to be restrained, along with their physical description. Once your order is filed and approved by the court, legal protections go into place immediately, and the involved party receives notification. At this point, the restrained person is no longer legally allowed to own or purchase a firearm or ammunition in the state of California.

Why You Need a Restraining Order Lawyer

An experienced Chico lawyer can help you navigate the process of filing a restraining order. At Eric Alan Berg & Associates, we help explain your options and rights, as you gather evidence and piece together a compelling case against the accused. We help ensure your voice is heard when negotiating the terms of your requested restraining order. It is our goal to help you feel safe, so you can move on with your life.

California offers different types of restraining orders. A few of the most common include:

  • Workplace violence restraining order: No matter the workplace relationship, this order can protect you against any threat taking place at your job. This option includes anyone with workplace-based access to you.
  • Elder/dependent adult abuse restraining order: Senior citizens are at risk of financial, physical, and emotional abuse. This type of restraining order can be put into place to protect dependent adults from those making threats or attempting to take advantage of them.
  • Domestic violence restraining order: For those suffering threats, harassment, or physical abuse from a partner, spouse, or family member, the domestic violence restraining order can mandate that the accused person remain at a safe distance at all times or face criminal charges. This order also puts limitations on how the restrained person can contact you, if at all.If your case involves a partner with whom you share a child, then you will need to speak with a court professional to determine a custody plan. Your restraining order lawyer can advise you on the special laws in California for custody cases involving domestic violence.
  • Civil harassment restraining order: A civil harassment involves a situation where you receive threats from a person with whom you do not have a close relationship. This is the most general form of a restraining order offered in the state.

A restraining order lawyer will help you obtain an order and see that it is enforced. The attorneys at Eric Alan Berg & Associates assist you in gathering evidence and presenting a strong case before the court. Our experience in family law can help you navigate the complexities of restraining orders, such as matters of personal property in Chico, California.

FAQs

Q: What Proof Do You Need for a Restraining Order in California?

A: For a restraining order in California, you need to be able to prove that you’ve experienced harassment, stalking, violence, or threats by presenting sufficient evidence. This evidence can include medical records that demonstrate injuries, police reports, or witness statements. Be sure to save threatening text messages, voicemails, emails, or convicting photographs that provide additional proof of the threat.

Q: What to Say in Court for a Restraining Order?

A: In Chico, California, when you present your case in court, simply state that you want to request a restraining order and give the person’s name and contact information. Let the court know what you want the order to include, such as the time length for the restraining order and the limitations you want to place on how this person can contact you.

Q: Why Would a Judge Deny a Restraining Order in California?

A: A judge might deny a restraining order if there is not sufficient evidence that proves a person to be a threat. If witness testimonies do not corroborate with the petitioner’s claims, or if the petitioner exaggerates or presents a history of false accusations, the restraining order will not be put into place.

Q: What Is the Burden of Proof for a Civil Harassment Restraining Order in California?

A: The burden of proof for a civil harassment restraining order involves clear evidence that proves the petitioner’s allegations. Being able to show a pattern of harassment with third-party witnesses, a paper trail of threats, and police involvement all fall under the category of “clear and convincing evidence” that’s necessary to serve a restraining order.

Contact a Chico Restraining Order Lawyer Right Away

If you’re dealing with a threat to your or your family’s safety, it’s important to act quickly. Contact the knowledgeable team at Eric Alan Berg & Associates to discuss your case and ensure it is strong enough to stand in court. We provide empathetic guidance and clear explanations of the process, prioritizing your protection.

Chico Practice Areas

On May 4, 2018, Attorneys of Eric Alan Berg and Associates successfully suppressed evidence in a DUI case resulting in a complete dismissal. The client had been pulled over on a Friday night leaving the Market Street Steakhouse. A Redding police officer claimed that his tail light was out and initiated a traffic stop. Unbeknownst to the officer, the car had just passed a safety inspection a few weeks before. The defense subpoenaed the inspection records and called the technician who serviced the car to testify to explain that the light was working properly, and called an eye witness who saw that the light was in working condition the morning after the arrest. The client can now return to work without fear of any license restrictions, probation, or punishment.

DUI Dismissal

A man in his 60’s was charged with molesting and sodomizing five boys in a 35 year period. The sheriffs detective knew at least one of the boys had recanted but he hid the tape recording wherein the boy said it never happened. The district attorney had to search the sheriff’s computer himself to find the tape showing the man’s innocence and showing that the boy said he was innocent.

False accusation of multiple molestation

We represented an old man who was accused of sexually molesting his girl friend’s daughter. The prosecutor claimed that he confessed on tape. The defense showed that it was no confession. Many of the jurors found the defendant not guilty. The defendant eventually avoided state prison and was freed.

False accusation of molestation of girl friends daughter

Our client was a probation officer and was charged with sexually molesting his neighbor and his adopted foster daughter. The defense showed that his daughter had a long history of falsely accusing people of serious crimes. The defense also presented the daughters long history of mental illness. The defense also showed that the police lost a crucial recorded statement of another complaining witness. Many jurors found the accused innocent of the charges and the court dismissed the charges after the first trial.

False accusation of adopted child molestation

Our client was charged with sexually molesting his adopted step-daughter. The district attorney claimed that he had a confession on tape. The defense showed that it was not a confession but a set up. Many jurors found the defendant not guilty and the court dismissed all of the charges. In that case, the accuser originally accused our client of molesting her for many months. The district attorney tried to change the story when we proved that he wasn’t even in town when these crimes supposedly occurred.

False accusation of molestation of step daughter

We defended two Hells Angels accused of rape. At the trial we proved that the accuser exchanged her phone number with one of the other old bikers at the clubhouse, a few minutes after the alleged rape. Through our investigation, we learned that the accuser, a young woman in her early twentys had borrowed her father’s car for the night. She returned it late, making him late for work in the morning. She needed a good excuse. The excuse she used was that she had been raped by two Hells Angels.

False accusation of rape

An old man in his 70’s was charged with threatening 2 sheriff deputies with his Chinese assault rifle . This man was a famous newspaper editor and publisher in the county. He was a regular critic of the Sheriff. He fought in the Battle of the Bulge in World War II. On Christmas Eve, he and his wife had been burning rat’s nests on his property in Hayfork. As the fire got out of control and spread prisoners from the local fire camp were called to put it out. They were up all night making noise and causing his dog to bark which kept him and his wife and his dog awake on Christmas eve. He went down to the prisoners and told them to be quiet and then went back home.

False accusation of threatening of Sheriff Police.

Recently, a client of ours was facing multiple charges including possession of a controlled substance with a firearm, which is a prison eligible felony. Additionally, the DA in the case was looking to add more prison eligible felonies such as bringing a controlled substance into a jail. Eric Alan Berg & Associates was able to negotiate an agreement with the DA where our client plead to only two misdemeanor charges of possession of a firearm and controlled substance.

Securing Misdemeanor Deal when Client charged with Strikes

Recently we had a client who was arrested for possession of drugs and child abuse. Attorney Eric Berg was able to convince the DA to file only the drug possession charge and not the child abuse charge. Further, if our client continues with their treatment plan the entire case will be dismissed in six months without ever requiring our client to plead guilty or no-contest. If you or someone you know is facing legal troubles give our offices a call today at (530) 223-5100 to set up a free consultation!

Facilitating Substance Abuse Treatment and avoiding a Criminal Record

Recently a client retained us who was stopped for a traffic violation while they were transporting a couple of pounds of marijuana, which was discovered by law enforcement during the stop. Our offices were able to get all their charges and case dismissed in court. If you or someone you know has been arrested for similar crimes, give our offices a call today at (530) 223-5100 to set up a free consultation!

Marijuana Transportation Case Dismissed

Before retaining us, our client had a number of pending cases, and some matters being investigated by law enforcement. They took a plea bargain in which they plead guilty to three of their pending cases, with the understanding that the rest of their pending cases would be dismissed and any un-filed cases would not be filed. Shortly after entering this agreement, the DA’s office filed charges related to an investigation that began before they entered the agreement. We successfully argued that the DA’s office breached the plea agreement, and had the plea agreement enforced – meaning the new case was dismissed. If you or someone you know is in need of an attorney, give us a call today at (530) 223-5100 to set up a free consultation!

Enforcing a Plea Bargain when the Prosecutor goes back on their word

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