Domestic Violence Restraining Order in California
For those who have been served with a domestic violence restraining order in Redwood City, CA, consulting with a qualified and experienced legal professional is essential.
This kind of court order can change many aspects of your life, such as where you live, whether you may access certain areas, and even your rights as a parent.
Breaking the terms of the restraining order is deemed a criminal offense that can carry jail time.
If you’ve been arrested for domestic violence or for violating a domestic violence restraining order, consulting with a qualified and experienced legal professional is essential.
How Ahmed & Sukaram, Attorneys at Law Can Help If You’re Arrested for Violating a Domestic Violence Restraining Order
We understand just how crucial it is to have top-notch legal representation when facing domestic violence allegations. Our firm has been providing legal assistance with these types of cases since 2005. Here’s how we can help you:
- Preparing the case: We will go over all relevant information and documents pertaining to your situation to build a strong case for you. We will also contact witnesses and review video/audio evidence when available.
- Represent you in court: During the domestic violence restraining order hearing, it is essential to have an advocate who understands what is at stake, knows how to present evidence effectively, and can clearly articulate arguments in your favor. This is where we come in, as our criminal defense lawyers will know exactly what to do to give you the best chance of a positive outcome.
- Provide education: If the court orders a domestic violence restraining order, we make sure our clients understand all applicable conditions, so they do not unintentionally violate its terms.
If you are looking for reliable legal guidance during this difficult time, our law firm has the experience and dedication to fight for you. Contact Ahmed & Sukaram, Attorneys at Law to schedule a free consultation with an experienced Redwood City domestic violence lawyer.
What Is a Domestic Violence Restraining Order?
Domestic violence restraining orders are issued to protect victims of domestic violence from abuse. It is a court order that prevents the alleged offender from having contact with an alleged victim of domestic abuse. The order can be issued on a temporary or more permanent basis, depending on the severity of the case and the court’s decision.
When a domestic violence restraining order is issued, it typically includes provisions that require the accused to stay away from the victim’s home, workplace, school, or other places frequented by the victim. It may also include provisions that prohibit contact with the victim through any means, including phone calls, emails, or text messages. Additionally, it may require the accused to surrender any firearms they possess and attend counseling or treatment programs.
Types of Domestic Violence Restraining Orders
Domestic violence restraining orders can be obtained under various circumstances, and the length of time they remain in effect depends on the type of order issued.
Emergency Protective Orders
Emergency protection orders (EPOs) are temporary restraining orders that can be issued without a hearing and typically last for up to seven days. Only a law enforcement officer can request this type of restraining order, and it can be done at any time of day or night and only takes minutes to get approved.
During this time, the alleged abuser is prohibited from contacting or coming near the victim.
Temporary Restraining Orders
Temporary restraining orders (TROs) are usually issued while waiting for a more in-depth hearing on the matter to take place. The TRO can be issued based on the alleged victim’s allegations alone. These restraining orders generally only last for a few weeks and will require the abuser to stay away from the victim’s home, workplace, school, or other places frequented by the victim.
Permanent Domestic Violence Restraining Order
Permanent domestic violence restraining orders (DVROs) can be issued if it is found that further abuse is likely to happen. These restraining orders last up to five years and are often accompanied by a long list of prohibitions, including no contact with the victim and restrictions on firearm possession.
A permanent domestic violence restraining order can be renewed to extend past five years if deemed necessary by the court.
Who Can File a Domestic Violence Restraining Order?
In California, anyone who has been the victim of domestic violence can file for a restraining order against an “intimate partner.” An intimate partner includes spouses, former spouses, people who have lived together or are living together, the other parent of a child, and people who are closely related by blood or marriage.
What Are the Penalties for Violating a Domestic Violence Restraining Order in California?
Violating a domestic violence restraining order in California can have serious consequences. Depending on the circumstances, a person who violates a protective order may face a misdemeanor or a felony.
In most cases, violations of domestic violence restraining orders are misdemeanors. However, if the defendant has a prior violation or the current violation involved an act of violence, it can become a felony offense.
If convicted of a misdemeanor violation, offenders face up to one year in county jail and/or fines of up to $1,000. If convicted of a felony violation, offenders face up to three years in state prison and/or fines of up to $10,000.
For prosecutors to secure a conviction for violating a domestic violence restraining order, they must prove the following elements beyond a reasonable doubt:
- A court issued an order that the defendant do (or not do) something;
- The defendant knew about the court’s orders; and
- The defendant intentionally violated the court’s orders by doing (or not doing) something that was prohibited by the court’s orders.
This is the highest standard of proof to meet, and a skilled criminal defense lawyer can present your best arguments and defenses in response.
Challenging a Permanent Domestic Violence Restraining Order
To protect your rights and defend yourself from a permanent domestic violence restraining order, the best course of action is to hire an experienced Redwood City criminal defense attorney. Your attorney can represent you at the permanent restraining order hearing, which occurs within 21 days after the TRO is issued.
At the hearing, the alleged victim will present their own evidence, such as voicemails/texts/emails, eyewitness accounts of violence or other violation of the order, photographs of any injuries, and police reports documenting any acts of violence. It’s important to consider all this evidence so that you and your lawyer can refute it at the hearing.
Your attorney can present evidence and call witnesses in support of your argument that a permanent restraining order is unwarranted. If successful, the judge will not convert the temporary restraining order into a permanent one, and it will expire without any further restrictions on your liberty or behavior.
Schedule a Free Case Evaluation With Our Redwood City Domestic Violence Restraining Order Lawyers
If you have been served with a domestic violence restraining order, it is important to seek legal counsel as soon as possible. Our experienced domestic violence restraining order attorneys in California can help you understand your rights and obligations and ensure that you comply with its terms to avoid further legal trouble.