Have you been served with a restraining order in San Mateo County, CA? Accusations like these can affect a defendant’s job, family, and future, making every step they take important. Call Ahmed & Sukaram, Criminal Defense Attorneys at (408) 217-8818 for help.
If you want to protect your rights and fully understand your options, you need the guidance of legal professionals who know the local courts. Contact us today to schedule a free consultation with a San Mateo County restraining order lawyer.
Why Hire Ahmed & Sukaram, Criminal Defense Attorneys, If You’re Arrested For Violating a Restraining Order?
With 30 years of combined experience, Ahmed & Sukaram, Criminal Defense Attorneys, is ready to stand by you and tackle your case head-on. Our firm stands out for going above and beyond.
Here’s why you should consider working with us:
- Our team includes a California State Bar Certified Specialist in Criminal Law, giving you the peace of mind that comes from representation by a true expert in this complex area.
- Our team has won over 3,000 cases and successfully defended clients at more than 50 jury trials.
- We are active members of both the San Mateo County Bar Association and the California DUI Lawyers Association, strengthening our local knowledge and courtroom tactics.
If you want advice from attorneys who have proven themselves in the courtroom, we’re here to help with your criminal matter in San Mateo County, California. Contact us today to schedule a free consultation with a San Mateo County restraining order attorney.
Overview of Restraining Orders in California
Protective orders – often called restraining orders – in California are legal tools a judge can use to help keep someone safe during a criminal case. These orders are most commonly used to protect victims or witnesses during domestic violence matters, and once issued, they place strict limits on what the accused person can do.
There are different types of orders, including:
- No contact orders: This type of protective order prevents the person accused from getting anywhere near the protected individual. Being in the same place as the protected individual is forbidden, and so is direct and indirect contact, like calls, texts, or messages through friends.
- Peaceful contact orders: A peaceful contact order gives the accused person permission to talk with or be around the protected person, but only if the interactions are completely peaceful. This option is chosen when some communication is needed for co-parenting, shared housing, or financial matters, but the court wants to make sure no threats or harassment happen.
It’s up to a judge to decide, usually at the first court appearance, whether a no-contact or peaceful contact order is most appropriate based on the people involved, their history, and the risks in question.
What Are the Penalties for Violating a Restraining Order in San Mateo County, California?
Violating a protective order in California is taken seriously and can lead to criminal charges. Under Penal Code 273.6, if you knowingly and intentionally break the terms of a protective order, you can be charged with a misdemeanor and could face up to a year in county jail, a fine of $1,000, or both.
Collateral Consequences
You also face the possibility of collateral consequences, which go beyond the penalties that a court imposes. If convicted, you’ll end up with a permanent record, making it harder to find work, keep a professional license, or secure housing. Violating a protective order can also impact child custody decisions and limit your future contact with a protected person.
Even when jail time is avoided, the long-term damage from breaking protective order rules can interfere with your life for years.
What Defenses Can Be Raised if I’m Arrested for Violating a Restraining Order?
If you’re accused of violating a restraining order in California, there are several defenses an attorney may use to challenge the charges:
- Lack of intent: You can’t be convicted unless you acted intentionally. If any contact or violation was accidental, your lawyer may argue you didn’t knowingly break the order.
- No knowledge of the order: Sometimes people are charged with violating the order, but they were never officially served. If you weren’t properly notified, you would have a defense based on lack of notice.
- False allegations: There are situations where the protected person might exaggerate or misrepresent your actions. Evidence like timestamps, witness statements, or video footage can help prove the claim isn’t accurate.
- Ambiguous terms: Restraining order language isn’t always clear. If the terms were confusing or open to multiple interpretations, a defendant might not have realized they were crossing a line.
Having legal guidance in this difficult time is essential, as you face potentially serious consequences.
The impact of a restraining order in San Mateo County, California, can be felt long after the paperwork is filed, but you don’t have to handle it all yourself. A skilled defense team can help you understand the guidelines you must follow and can assist if you’re being accused of violating the order.
By working with experienced attorneys, you get reliable guidance when things feel uncertain. Contact Ahmed & Sukaram, Criminal Defense Attorneys, to schedule a free consultation with a San Mateo County restraining order lawyer.