PRACTICE AREAS

We provide compassionate and effective representation for all aspects of workplace harassment on the basis of sex, gender, gender identity, sexual orientation and other protected classes.

We understand the importance of being treated equally and fairly in the workplace. We have prosecuted a number of civil cases under the Fair Employment and Housing Act and Title VII for employees who experience disparate treatment, stereotyping and disparate impact. 

We help employees who have experienced retaliation as a result of opposing unlawful conduct in the workplace pursuant to state or federal civil rights laws, including FEHA, Title VII, and California's Labor Code. 

We can help you navigate the complex world of pregnancy law, maternity leave and disability law as you are focusing on your family and new baby. 

We provide legal services for victims of domestic violence. Our team can help you obtain a restraining order and protect yourself and your family.

WHAT IS A RESTRAINING ORDER?

Restraining orders (also known as “protective orders”) prevent a specified person, known as “the protected party,” from harassment or abuse by another person, known as “the restrained person.” Spouses, ex-girlfriends, ex-boyfriends, cohabitants, family members, roommates, coworkers and even pets can be protected parties.

WHAT KINDS OF RESTRAINING ORDERS EXIST?

There are four kinds: domestic violence restraining orders, civil harassment restraining orders,  elder abuse restraining orders and workplace violence restraining orders.

WHAT EXACTLY DOES A RESTRAINING ORDER DO?

Restraining orders can include personal conduct orders, “stay away” orders, and “move out” orders. If a restraining order is issued, a court will order a restrained party to refrain from doing any of the acts described in the order. Violation of the order is its own basis for arresting the restrained person.

Personal conduct orders usually include prohibitions against attacking, stalking, or communicating with the protected party. This can include personal forms of contact and contact using social media. “Stay away” orders dictate a distance that must be maintained between the affected persons (often about 100 yards, although accommodations can be made). “Stay away” orders also can include restrictions on places the restrained person can go, such as the home of a spouse or the restrained person's workplace.

WHAT KIND OF PROOF IS REQUIRED TO OBTAIN A RESTRAINING ORDER?

The standard of proof in criminal matters (“proof beyond a reasonable doubt”) does not apply in the case of domestic violence restraining orders, where the “preponderance of the evidence” standard of proof applies. It has only to appear likelier than not that the Petitioner (the protected party) should be protected from the restrained person for an order to be granted in domestic violence situations.

But the “clear and convincing evidence” standard of proof, the middle ground of certainty between the “beyond a reasonable doubt” standard and the “preponderance of the evidence” standard, applies in civil harassment restraining order applications. “Clear and convincing evidence” is a more demanding standard than the “preponderance” approach but not as strict as “proof beyond a reasonable doubt.”

WHAT IS THE DIFFERENCE BETWEEN A DOMESTIC VIOLENCE RESTRAINING ORDER AND A CIVIL HARASSMENT RESTRAINING ORDER?

Domestic violence restraining orders are suited for situations where the restrained person and the protected party have, or have had, some kind of intimate relationship. This includes husbands and wives, ex-spouses, boyfriends, girlfriends, former intimates and all those who've lived together in intimate relationships. Blood relatives are also eligible to apply for domestic violence restraining orders.

Civil harassment restraining orders apply where the parties don't have an intimate relationship. Examples include orders that apply to roommates and orders that bind coworkers. Preventing unwanted attention originating with a stranger is another appropriate use of a civil harassment restraining order.

CAN A RESTRAINING ORDER FORCE A PERSON TO LEAVE HIS OR HER OWN HOME?

Yes. Domestic violence restraining orders are often issued in situations requiring that a restrained person leave the home that she or he shares with the protected party. While the consequences can be negative, and broad-ranging, courts are willing to issue orders requiring people to leave their homes.

MAY JUDGES ORDER RESTRAINED PEOPLE TO ATTEND CLASSES OR TO RECEIVE TREATMENT?

Yes. Restrained persons can be ordered to do everything from briefly attending anger management classes to enrolling in batterer's intervention courses that last fifty-two (52) weeks. Parenting classes can also be required, if children were involved in the situation leading to the restraining order. Such classes can be required for as long as the judge issuing the order thinks is appropriate for the restrained person.

HOW LONG DO RESTRAINING ORDERS USUALLY LAST?

Restraining orders can last no longer than five years. Three years is not an uncommon length of time. Some orders are measured in terms of months, if the facts justify it. The protected party may seek to extend the life of a Restraining Order, however, if that person still feels threatened at the expiration of the order. Extensions can be granted even for a five-year order.

WHAT HAPPENS IF A PERSON VIOLATES A RESTRAINING ORDER?

Violation of a Restraining Order can result in arrest and time in jail.

HOW ARE RESTRAINING ORDERS OBTAINED?

A person seeking a Restraining Order can go to a court and fill out paperwork to apply for the order or have an attorney complete the documents. The initial paperwork requires describing the situation and why it poses a danger. This statement will be reviewed by a judge, who'll then decide whether a TRO (Temporary Restraining Order) should be issued. The restrained person doesn't have to be present for this to happen.

The TRO will usually last for a few weeks. Then there will be a hearing to decide whether the applicant should get a Permanent Restraining Order. (This order is actually limited to five years.)  Evidence will be presented to a judge by both sides, without a jury, and based on this the judge will decide whether to issue the Restraining Order.

WHAT ARE THE THREE LEVELS OF PROTECTION AVAILABLE UNDER CALIFORNIA PROTECTIVE ORDER LAW?

The three levels of protection available under California protective order law are: Emergency Protective Order (EPO), Temporary Restraining Order (TRO), and Permanent Restraining Order (PRO).

• EMERGENCY PROTECTIVE ORDER (EPO)

EPOs are issued often in response to domestic violence calls. If an officer responding to such a call believes that one or more persons require immediate protection from a specific person, the officer may call a judge who's on-call for the purpose of hearing EPO appeals. The subsequent EPO, if granted, takes immediate effect.

• TEMPORARY RESTRAINING ORDERS

A Temporary Restraining Order is appropriate for people who are being harassed or those shielded by emergency protective orders that are about to expire. “Harassment,” for purposes of a TRO, is defined in the Code of Civil Procedure. The meaning includes “unlawful violence” and credible threats of violence.  

• PERMANENT RESTRAINING ORDERS

PROs are issued when a court concludes that a person or persons must be protected for an extended period. These orders follow a hearing in which both the person seeking the order and the target of the order can present evidence explaining why the court should (or should not) grant the PRO request. A judge will then decide whether to grant the PRO, what the order should consist of, and how long the PRO should last. These orders can last for as many as five (5) years without being extended by a court and can cover issues from personal distance to whether a restrained person can possess firearms.