Oakland Domestic Violence Restraining Order Lawyer
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.
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 Oakland domestic violence restraining order 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.
California 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 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 in CA
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
- 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 review of your case with our Oakland domestic violence restraining order lawyers. You can reach us at (510) 907-6600 for a 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.
"I recommend Nabiel over the rest!"Mr Ahmed is a very knowledgeable attorney. He went above and beyond to help me with my case. He also gave me sound advice and went over my options.- Marshall
"Understands and Has Great Communication"He worked hard and diligently while going the extra mile. He was patient and caring during my ordeal and even followed up and checked on me afterwards.- Adarice
"Better Than Expected Result"Mr. Ahmed did his thing to make sure I did not spend one day in jail! His ability to explain everything along the way really helped through this stressful episode.- Francisco C.
"Huge Help to Me and My Family"Nabiel was able to negotiate a great plea and avoid serious charges. This was especially important since we were looking at significant charges despite this being a first offense.- Alex G.