Redwood City Restraining Order Lawyer
Were you served with a restraining order in Redwood City, CA? Depending on the type of order, your legal rights could be in serious jeopardy going forward. However, it’s also possible that you still have time to prevent that reduction in rights from occurring.
The experienced Redwood City restraining order lawyers with Ahmed & Sukaram, Attorneys at Law, can help. Whether you are seeking to assert an order against someone else or believe one has been issued against you unlawfully, our criminal defense attorneys are up to the task. We’ve won thousands of criminal cases and have won 50 at trial.
How Ahmed & Sukaram, Attorneys at Law, Can Help With Your Restraining Order in Redwood City
You might not be sure what your legal options are if you’ve been served with a restraining order, which makes sense considering how complex California law is on the topic. In some situations, it is only temporary, and you have time to influence the final outcome. In others, you’ve violated an order and are facing serious penalties and consequences.
No matter the specific issues you are up against, you’ll want a strong criminal defense advocate in your corner to make sure your interests are fully represented. Ahmed & Sukaram, Attorneys at Law, are here to do just that. Our legal team includes a nationally-published criminal defense author and a California State Bar Certified Specialist in criminal law. Hiring us means a Redwood City criminal defense attorney will be able to assist with your case by:
- Thoroughly articulating your legal rights and options throughout the entirety of your case
- Investigating your case to uncover any exculpatory evidence and understand the prosecution’s case against you
- Negotiating on your behalf to achieve a favorable outcome if possible
- Taking your case to court if the circumstances call for it
And much more. Reach out to us today in Redwood City, California, to get started.
An Overview of Restraining Order Law in California
A restraining order (or protective order) is a court order that is meant to protect one person from the actions of another. The person seeking the order is referred to as the “protected person,” and the person receiving the order is referred to as the “restrained person.”
Restraining orders can vary in their terms and conditions. Some restraining orders mandate that a person maintain a minimum distance from another. Others can prevent one person from contacting another. There are also restraining orders that can require someone to move out of a residence.
Types of Restraining Orders
There are four primary types of orders based on the attributes of the restrained person:
- Civil harassment restraining orders may be filed against a coworker, neighbor, roommate, or extended family member.
- Domestic violence restraining orders are issued against a spouse, former spouse, cohabitant, or domestic partner.
- Workplace restraining orders can be sought by an employer to protect his or her employees.
- Elder or dependent adult restraining orders may be filed by a person age 65 or older who is the victim of abuse.
In some situations, these can overlap to some degree.
Thresholds of Restraining Orders
It is also useful to categorize restraining orders based on their threshold of severity and permanence:
- Emergency Protective Orders may be issued when a person is seeking a more robust restraining order but needs protection in the meantime. Often coming up in the context of domestic violence, emergency protective orders generally last seven days.
- Temporary Restraining Orders (TROs) are issued while a case is still ongoing and may last until the case’s final outcome. These restraining orders are similar to emergency protective orders but can last for a longer period of time.
- Permanent Restraining orders are usually issued at the conclusion of a case or at least until after the merits of the emergency protective order or TRO have been evaluated by the court.
Despite its name, permanent restraining orders last for a period of five years time in California.
Serving a Restraining Order
For an order to take effect, the person named in the order must be served (notified) of its existence. During this service of process, the person will receive paperwork containing the purpose and extent of the order as well as a court date for a hearing on the matter. The person must be served either by a process server of law enforcement rather than by mail or other types of communication.
Violating a Restraining Order
California Penal Code Section 273.6 covers the violation of a restraining order. This law makes it illegal to fail to comply with the terms and conditions of a restraining order. The prosecution must prove four legal elements beyond a reasonable doubt to convict you of this charge:
- The order was lawfully issued against you
- You were aware of the order and its terms and conditions
- You were able to follow the demands of the restraining order reasonably
- You intentionally violated the restraining order
This crime is considered a wobbler offense, meaning it can be charged as a felony or a misdemeanor, depending on the facts involved in the case.
What Are the Penalties for Violating a Restraining Order in Redwood City, CA?
The penalties for violating a restraining order in Redwood City vary widely depending on the circumstances involved.
The penalties for a first-offense restraining order violation can include each of the following:
- Jail time or probation
The exact penalties issued will depend on various factors. Your criminal history may play a role in the penalties levied, for example, as may the nature of the violation. The court will usually consider the safety of the victim as well when issuing penalties.
A skilled criminal defense attorney may be able to negotiate for probation in lieu of jail time in some instances. Keep in mind that if you violate your probation, you will likely face jail time.
A subsequent restraining order violation within 12 months of a previous violation can result in an additional misdemeanor or felony charge. If you’re charged with a felony, you could be facing up to three years in prison. Again, here, the penalties levied will depend heavily on the facts and circumstances surrounding your case.
If you have a restraining order against you, you may not lawfully own a firearm in the State of California. You must surrender any firearms you own to law enforcement or immediately sell them to a licensed gun dealer.
If applicable, you may also face immigration issues once you are served with a restraining order. For instance, it may become prohibitively difficult to obtain a green card or visa.
If you are convicted of a felony, it can become significantly more difficult to obtain housing or employment as well.
What Defenses Are Available Against Violating a Restraining Order Charges in San Mateo County?
Many possible defenses are available to you if you have been charged with violating a restraining order in Redwood City, California. These include:
- You did not intend to violate the restraining order
- You were falsely accused
- You were not aware that an order was issued against you
- It was impossible for you to comply with the terms of the order
- The restraining order was not issued lawfully
The exact defense(s) available to you will hinge on the facts of your case. Our Redwood City restraining order attorneys will thoroughly analyze and investigate your case to arrive at your best course of action regarding your defense.
Schedule a Free Consultation With a Redwood City Restraining Order Attorney
There are countless legal issues and nuances in place when it comes to restraining orders in Redwood City, California. Every case is unique and often comes with a set of complicating factors. There are also a high number of situations where someone may want a restraining order against someone else, with varying degrees of urgency and seriousness.
You’ll want a highly-experienced Redwood City restraining order lawyer at your side to help you navigate such murky waters. Ahmed & Sukaram, Attorneys at Law, is just the criminal defense law firm to assist you with that task. We’re confident in our ability to help you achieve a favorable outcome.
Contact us today to learn more. Your initial consultation is completely free, and there’s no obligation to hire us afterward.