PRACTICE AREAS

Law Office of Melanie D. Popper provides half-day and full-day mediation services to businesses, non-profit organizations and public entities in a variety of cases.  Our twenty (20) years of legal experience in state and federal cases range from labor and employment, wage and hour, personal injury,  business and commercial litigation.  Our half-day fee is at a rate of $395 per hour or $1580 and full day at $3160.   

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.”