We are available for video conference, phone & email appointments during the COVID-19 shutdown.
Please call or click here to discuss your case!
Domestic Violence Restraining Orders Defense

Domestic Violence Restraining Orders

Get Help from an Oakland Restraining Order Lawyer

When tempers flare during a domestic dispute, things can quickly escalate out of control. Even normal, everyday gestures get misconstrued and blown out of proportion. When this occurs, your spouse or domestic partner could contact the authorities and have a domestic violence restraining order issued against you.

Charges of domestic violence are not taken lightly by law enforcement, and even false accusations are often enough to ruin your reputation, your career, and your relationships. Even worse, domestic violence restraining orders can jeopardize divorce proceedings, your time with your children, and even your freedom.

When this occurs, you need an Oakland domestic violence restraining order attorney on your side who has defended thousands of cases before. These cases are rarely cut and dry and often rely heavily on the "victim's" side of the story. You need an attorney who will make the courts hear your side of the story and who will fight zealously to have the restraining order dismissed.


If you have violated your domestic violence restraining order and are facing charges, contact us today to discuss your defense.


California Domestic Violence Restraining Orders

In the State of California, only persons with an intimate relationship can file a domestic violence restraining order. This includes spouses, ex-boyfriends, ex-girlfriends, family members, domestic partners, and roommates. In general, there are three levels of protection that a domestic violence restraining offers:

  • Emergency Protective Order—this is issued when an officer feels that there is imminent danger to the victim. It is valid for 5 days and is very strict.
  • Temporary Restraining Order—this is issued first before the court hearing. It is usually valid for 2-3 weeks until the hearing takes place. During the hearing, the judge will decide whether to issue a more permanent restraining order.
  • Permanent Restraining Order—this is issued after a court hearing. It can last up to three years, but can be extended if the domestic violence issue still persists.

An experienced East Bay criminal defense attorney can help build your defense and represent you at the hearing. You will need someone on your side to show the court that you are not a threat to the victim. Often times, enrolling in a domestic violence-counseling program or an anger management program is enough to convince the court to reduce the protective order or remove it all together.

Responding to a Restraining Order in California

A lot of people have misconceptions about domestic violence, and in effect, their confusions about the law end up landing them on the other side of a restraining order. Under California law, domestic violence is not limited to beating someone. It involves physically hurting someone, hair pulling, scaring or following the victim, harming family pets, stalking, hitting, destroying someone’s property, sexual assault, and threatening to hurt someone, among other abusive behaviors.

Domestic Violence Restraining Orders

Domestic violence refers to emotional or physical abuse between married people, divorced spouses, people who are in an intimate relationship or who used to be, household members, close relatives through blood or marriage, or people who have a child together.

If someone is being abused, they can ask the court for a domestic violence restraining order, which is a court order that protects people from their abusers. A victim can ask the court for a restraining order from someone they have a close relationship with if the abuser has abused or threatened to abuse them in the past, and if they are: married, divorced, separated, dating or dated in the past, live together or previously lived together, are parents with a child in common, or they are closely related.

A domestic violence restraining order can do several things. It can order the abuser to:

  • Not contact or go near the victim;
  • Stay away from the victim’s home, work, or their children’s schools;
  • Move out of the family home;
  • Not have ammunition or firearms;
  • Follow child custody orders;
  • Pay child support;
  • Pay spousal support:
  • Stay away from the family pets;
  • Transfer the rights to cellphone numbers to the protected person;
  • Not change certain bills; and
  • Successfully complete a 52-week batterer program.

How Do I Respond to a Restraining Order?

If you are named in a restraining order, it’s going to be difficult to find free or low-cost legal help, which is often readily available for victims of domestic violence. Since the court staff cannot give you legal advice, it’s in your best interests to contact our firm to schedule a free consultation with Attorney Ahmed, who can answer all of your questions and guide you to the best possible resolution.

Violating your Domestic Violence Restraining Order

If you have been accused of violating an already existing domestic violence restraining order, it is critical that you contact an Oakland domestic violence restraining order attorney immediately. While violations are classified as misdemeanors, they do carry hefty penalties.

If you are found guilty of violating your protective order, you can face the following consequences:

  • Up to 1 year in county jail
  • Fines of up to $1000
  • Probation
  • Up to 3 years in state prison for subsequent violations
  • Up to $10,000 fines for subsequent violations

Contact Us for Reliable Defense

We proudly help clients in Oakland, Berkeley, Richmond, Concord, and the surrounding areas. Call the Law Office of Nabiel C. Ahmed today to set up a free review of your case. You can reach us at (510) 907-6600 for a free consultation and to start building a solid defense against these serious domestic violence charges. If you are already detained, we are also available for phone consultations and jail interviews. You can also fill out a confidential contact form.


Facing charges for violating your domestic violence restraining order? Contact us today to start your defense.


WE ARE NOT JUST ANOTHER OPTION. WE SHOULD BE YOUR ONLY CHOICE.

CLIENT TESTIMONIALS

We Don't Let Our Clients Down
  • “Very confident about his knowledge of the law.”

    Mia K.

  • “Very talented attorney with excellent communication skills!”

    R. S.

  • “He was knowledgeable, personable, and reliable.”

    Lisa P.

  • “I highly recommend Mr. Nabiel Ahmed.”

    Aaron B.

  • “Excellent service! He definitely knows what he is doing.”

    Mayra

  • “He was always very honest with me.”

    Nicole L.

  • “He has a very calming demeanor that relaxes you immediately.”

    Tenae K.

  • “I knew I was in the best of hands.”

    D.C.

  • “He won my DUI appeal!”

    Appeals Client

  • “Very committed attorney!”

    Karina

  • “He is enthusiastic and knowledgeable.”

    Christy

  • “Best Of The West”

    David

  • “Thanks Mr. Ahmed, your work is much appreciated!”

    Billy D.

  • “Mr. Ahmed never waivered in his commitment to me.”

    Albert

  • “Nabiel Ahmed is definitely your man.”

    Suzanne B.

Schedule a Free Consultation

How to Reach Us

Oakland

510.907.6600 405 14th St #211
Oakland, CA 94612 Map & Directions [+]

San Ramon

925.302.2833 2500 Old Crow Canyon Road #525 San Ramon, CA 94583 Map & Directions [+]

San Jose

408.706.2741 2033 Gateway Place #500 San Jose, CA 95110 Map & Directions [+]
CONTACT US
  • Please enter your name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
    You entered an invalid number.
  • Please select an option.
  • Please enter a message.