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Restraining Orders

Restraining orders involving family or neighbor disputes can be highly emotional. An attorney who knows the law in this area can take the stress out of the situation and help you arrive at a solution that minimizes the damage to your life. Michael Coffino actively represents people both seeking and defending against restraining orders in criminal, civil and family court.

If you have received papers serving you with a temporary restraining order (TRO) or informing you about an upcoming court date, the Law Office of Michael Coffino can help. You have a right to an automatic postponement of the initial hearing so your lawyer can investigate the facts and prepare your defense. In family and civil court, the losing party may be required to pay the other side's court costs and attorney fees.

Likewise, if you are interested in obtaining a restraining order against someone who is harassing you, call us now for a free, no-obligation consultation. We have a history of successful outcomes for clients, whether they are seeking a restraining order or defending against one.

The law that applies to your case depends on the kind of restraining order you are seeking or defending against. In general, it is easier to obtain a restraining order under California's Domestic Violence Prevention Act (DVPA), which broadly defines any familial or dating relationship. These cases are governed by the California Family Code and are typically heard by judges assigned specifically to family law matters.

A judge can issue a restraining order for "abuse" as defined in Family Code section 6203, which includes threatening, causing or attempting to cause bodily harm, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, falsely impersonating, harassing, making annoying telephone calls, destroying personal property or disturbing the peace of the other party.

A civil harassment restraining (where the parties have no family or dating relationship) is easier to defend against and harder to obtain. These cases are heard by judges in civil court and are governed by Code of Civil Procedure section 527.6. To obtain a restraining order the moving party must show by "clear and convincing evidence" that he suffered objectively reasonable "substantial emotional distress" caused by harassment in the form of "unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose."

Restraining orders can also be issued for Elder Abuse under Welfare and Institutions Code section 15657.03, and for Workplace Violence under the Code of Civil Procedure, and for other reasons.

A judge can issue a restraining order that includes your home, automobile, place of work and other locations. Depending on the facts, the order could forbid all contact or allow peaceful communication. Serious consequences can ensue if a judge orders you to be restrained, including arrest and prosecution for violating the order, loss of any firearms, and notice to law enforcement agencies across the state and beyond.

If you or a loved one are seeking or defending against a restraining order you need an attorney who understands how to effectively handle these kinds of cases. For more information and to schedule a free consultation, contact the Law Office of Michael A. Coffino now at (415) 786-9703.

Client Reviews
Mr.Coffino saved me! He and his investigator got evidence that I didn't commit the crime I was accused of: Felony Assault With a Deadly Weapon. Charge was dismissed. Mr. Coffino is highly intelligent, professional, and actually cared about me. This is the attorney that the Marin IJ stated "the best attorney money can't buy" when he worked for the Public Defender's Office. And he really cares about his clients!!! JR
Mike is an amazing, strong, and articulate lawyer that will not only point out the facts that are relevant to one's case but, will make sure that he has addressed every concern that you have to the court/judge. I was also very impressed with Mike's closing arguments. They were strong, very well referenced, and specific to the my case. For those that are wondering if Mike is the man for the job, HE is definitely the MAN you want representing you in your case. EM
I had some experience with lawyers in the past but not like Mike. He was a bulldog in the courtroom. His closing arguments were off the charts and we won. Thanks Mike!!! CH
Best attorney I could of asked for. I never had any doubts about him, I knew from the beginning he was going to do his best to help me and that was exactly what he did. Very informative about what was going on, he would lay out a plan and do exactly as he would say. Very good attorney. Strongly recommended. AM
I’ll never be able to explain everything you did for me. He did so much in my domestic violence case. When I called, he answered every time. He was there for me. He saved my life. What more can I say? I will never be able to repay him. FM