Domestic Violence Restraining Orders Defense

Domestic Violence Restraining Orders

Get Help from an Oakland Criminal Defense 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 criminal defense 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 yourside of the story and who will fight zealously to have the restraining order dismissed.

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.

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 criminal defense 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.

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