Facing a restraining order in Santa Clara County, California, can feel overwhelming and stressful. You likely have concerns about how it could impact your life, including where you live and who you can speak to. As a defendant, having clear guidance and someone knowledgeable on your side is important.
An experienced Santa Clara County restraining order lawyer can help explain your rights and reduce confusion along the way. If you need help Ahmed & Sukaram, Criminal Defense Attorneys is here for you. Call (408) 217-8818 or contact us today to schedule a free consultation.
How Ahmed & Sukaram, Criminal Defense Attorneys Can Help If You’re Arrested for Violating a Restraining Order in Santa Clara County, CA
If you’re facing domestic violence charges or are accused of violating a restraining order, working with an experienced Santa Clara County defense attorney can help guide you through this difficult situation.
Here’s how Ahmed & Sukaram, Criminal Defense Attorneys will help:
- We’ll review all details of the restraining order thoroughly, making sure the accusations against you actually align with what the order states.
- Our attorneys will gather evidence and witnesses who may support your side of the story to help in your defense strategy.
- We will negotiate plea deals with prosecutors, if appropriate, to try and reduce penalties or possibly avoid serious charges altogether.
Our firm has over thirty years of combined experience. Contact us today to schedule a free consultation with a Santa Clara County criminal defense lawyer.
Overview of Restraining Orders in California
Restraining orders, also called protective orders, are legal instructions to stop one person from harassing, threatening, or hurting another individual. These orders set strict boundaries between a protected person and someone else causing them harm or fear.
Some of the types of restraining orders in California include:
- Domestic Violence Orders: For people who’ve had close or intimate relationships, such as spouses, exes, dating partners, or family, they can file for a domestic violence restraining order.
- Civil Harassment Orders: For conflicts that aren’t with close relatives or partners, often involving neighbors, coworkers, or acquaintances, there are civil harassment orders.
- Elder/Dependent Adult & Workplace Violence Orders: These are special orders specifically for older adults, dependent adults, or threatening situations at work.
A restraining order can stop someone from contacting or communicating with the protected party in any way and prevent harassment. It might also include conditions like maintaining a certain distance from the individual or locations they frequent. Additionally, the person could be required to promptly move out if they currently live with the other party.
It’s important to know that physical harm isn’t required. Emotional abuse, threats, stalking, or making someone reasonably fear for their safety can all justify a restraining order.
What Are the Penalties for Violating Restraining Orders in Santa Clara County, California?
If you violate the terms of the restraining order, such as contacting or approaching the protected person, you could face criminal charges. Penalties typically include time in county jail for up to one year, a fine up to $1,000, or in some cases, both. It’s very important to fully comply with all restraining order conditions to protect yourself from these penalties.
What Defenses Can Be Raised If I’m Arrested for Violating a Restraining Order?
If you’re arrested for violating a restraining order, there are several defenses your lawyer might use, depending on what actually happened.
Lack of Knowledge of the Restraining Order
If you weren’t properly informed about the restraining order, you could argue that you weren’t aware of it. To legally violate a restraining order, you need to know it exists and understand what you’re required to do.
Unintentional Violation
Sometimes, accidental or unavoidable situations can cause a violation. Your attorney might show evidence that any violation was not intentional and that you genuinely tried to follow the order.
False Accusation or Misunderstanding
Occasionally, the person protected by the order might falsely claim you violated it due to arguments, misunderstandings, or personal conflicts. Developing a defense in this situation involves presenting evidence or witnesses that can clear up these accusations.
Taking charges related to restraining order violations seriously and working with a defense lawyer can make a significant difference in your case.
Dealing with a restraining order is often difficult and stressful. It’s normal if you’re feeling anxious about how this might impact your relationships, freedom, or family interactions. Getting the right legal advice can significantly improve how you navigate your case.
If you’re facing a restraining order in Santa Clara County, don’t hesitate to reach out. Contact Ahmed & Sukaram, Criminal Defense Attorneys to schedule a free consultation with a Santa Clara County restraining order attorney.