Restraining Orders
Mr. Gutierrez has extensive experience representing both petitioners and respondents in domestic violence and civil harassment hearings.
Unfortunately, many clients are involved in abusive relationships. The abuse may be physical, emotional, mental, financial, or a combination thereof. A restraining order under the Domestic Violence Prevention Act ("DVPA") is a civil remedy that provides a party with some security and protection against an abusive spouse, significant other, or family member. However, many times a party abuses the legal process and makes false claims of abuse and obtains a temporary restraining order to gain leverage and an unfair advantage at the outset of a dissolution or custody proceeding.
Whether you are the protected person or restrained person, it is important to seek and obtain legal counsel to protect your rights and ensure that the legal process is fair and equitable. Mr. Gutierrez will make sure that you have an advocate on your side that understands the law and how to present evidence in the best possible light for your case.
Recently, Mr. Gutierrez successfully defended a client falsely accused of domestic violence in a family law case. After a lengthy bench trial in the Unified Family Court in San Francisco, the Judge found that no evidence of abuse existed and no basis for a restraining order.
In another bench trial, Mr. Gutierrez successfully obtained a restraining order against the mother-in-law of his client. The mother-in-law's verbal and mental abuse was escalating against his client due to the underlying divorce action between his client and mother-in-law's son.
Unfortunately, many clients are involved in abusive relationships. The abuse may be physical, emotional, mental, financial, or a combination thereof. A restraining order under the Domestic Violence Prevention Act ("DVPA") is a civil remedy that provides a party with some security and protection against an abusive spouse, significant other, or family member. However, many times a party abuses the legal process and makes false claims of abuse and obtains a temporary restraining order to gain leverage and an unfair advantage at the outset of a dissolution or custody proceeding.
Whether you are the protected person or restrained person, it is important to seek and obtain legal counsel to protect your rights and ensure that the legal process is fair and equitable. Mr. Gutierrez will make sure that you have an advocate on your side that understands the law and how to present evidence in the best possible light for your case.
Recently, Mr. Gutierrez successfully defended a client falsely accused of domestic violence in a family law case. After a lengthy bench trial in the Unified Family Court in San Francisco, the Judge found that no evidence of abuse existed and no basis for a restraining order.
In another bench trial, Mr. Gutierrez successfully obtained a restraining order against the mother-in-law of his client. The mother-in-law's verbal and mental abuse was escalating against his client due to the underlying divorce action between his client and mother-in-law's son.