Wade Litigation represents clients in Novato and Marin County on both sides of restraining order cases: people who need protection from abuse or harassment, and people who have been served with a request and must respond quickly to protect their custody rights, their home and their record. Our attorneys appear regularly in the Marin County Superior Court at the Civic Center in San Rafael, and we offer a no-cost case evaluation. If you are in immediate danger, call 911 first.
Types of Restraining Orders in California
A domestic violence restraining order protects against abuse by a spouse, former spouse, dating partner, co-parent, or close family member, and it is handled in the family court. A civil harassment restraining order protects against harassment, stalking or threats by someone outside those relationships, such as a neighbor, co-worker or acquaintance. Elder and dependent adult abuse restraining orders and workplace violence restraining orders address specific situations. Each has its own forms, standard of proof and consequences, and choosing the right one matters.
Novato sits at the northern end of Marin County, a short drive from the county courthouse in San Rafael and from our San Francisco office. Marin’s high property values mean that even routine disputes here, from a contested trust to a boundary dispute between neighbors, often involve assets worth far more than in most of California.
How the Process Works in Marin County Superior Court
A request for a restraining order is filed with a declaration describing the abuse or harassment. The court can issue a temporary order the same day, without notice to the other side, if the declaration shows a sufficient risk. The temporary order is served on the restrained person, and a hearing is set, typically within about three weeks, at which both sides present evidence and the judge decides whether to issue a longer order. Domestic violence orders can last up to five years and can be renewed; civil harassment orders can last up to five years as well. The hearing is a real evidentiary hearing, and preparation decides it.
Why a Restraining Order Case Matters So Much
A domestic violence restraining order does more than keep the parties apart. It creates a legal presumption against awarding custody to the restrained parent for five years, it can exclude a person from the family home, it requires the surrender of firearms, and it appears in background checks. For the person seeking protection, those consequences are the point. For a person wrongly accused, they are devastating, and the time to contest the request is at the hearing, not afterward.
Seeking Protection
We help clients document the abuse or harassment, prepare a declaration that gives the judge what the law requires, request the specific orders that will actually keep them safe, including stay-away, move-out, custody and animal protection orders, and present the case at the hearing. We also coordinate the restraining order with any pending divorce or custody case so that the orders work together.
Defending Against a Request
If you have been served, do not contact the protected person, even to explain. Comply with the temporary order, gather your evidence, and get counsel before the hearing. We respond with a written declaration, cross-examine the requesting party, present witnesses and records, and argue the legal standard. Where the facts support it, we negotiate a resolution that avoids a formal finding of abuse.
Why Novato Clients Choose Wade Litigation
Our firm was built by litigators. We prepare every matter to be decided by a judge, which is what produces strong settlements and credible positions in court. Clients also choose us because we return calls, explain the process in plain language, and tell them where their case stands at every step. Our founder, Amiel Wade, has built a record of more than 300 winning cases, and the firm has been recognized by the National Academy of Family Law Attorneys, the American Institute of Family Law Attorneys and the American Institute of Legal Professionals.
Serving All of Marin County
We represent clients in Novato, San Rafael, Mill Valley, Sausalito, Tiburon, Larkspur, Corte Madera, San Anselmo and every other community in Marin County. Consultations are available by phone and video, and in person by appointment. Contact Wade Litigation for a no-cost case evaluation, or learn more about our Novato family law practice.
How fast can I get a restraining order?
A temporary order can be issued the same day the request is filed if the court finds a sufficient risk, without notice to the other side. A hearing on a longer order is usually set within about three weeks.
What is the difference between a domestic violence and a civil harassment restraining order?
Domestic violence orders cover spouses, partners, co-parents and close family members and are heard in family court; civil harassment orders cover everyone else, such as neighbors or co-workers. The standards of proof and consequences differ.
How long does a restraining order last?
A temporary order lasts until the hearing. After the hearing, a domestic violence or civil harassment restraining order can last up to five years and can be renewed before it expires.
Will a restraining order affect custody?
Yes. A domestic violence restraining order creates a presumption that awarding custody to the restrained parent is not in the child’s best interest, which lasts five years unless rebutted. This is one of the main reasons both sides need counsel.
I was served with a request. What should I do?
Comply with the temporary order completely, do not contact the other party, preserve texts, emails and records, and speak with an attorney before the hearing. The hearing is your opportunity to contest the request.
Where are restraining order hearings held for Novato residents?
In Marin County Superior Court. Domestic violence orders are heard in the family law division; civil harassment orders are heard in the civil division.
Clients Throughout California
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