Martinez Civil Harassment Restraining Order Attorney
If you’ve been issued a civil harassment restraining order in Martinez or the surrounding areas, it’s important to understand how to protect your rights and freedoms. Civil harassment restraining orders (CHRO) apply to conflicts outside the family. These orders come with significant consequences and restrictions. In the face of a restraining order, a fierce Martinez civil harassment restraining order lawyer from Tully & Weiss can defend your rights and interests.
At Tully & Weiss, our dedicated team of criminal defense attorneys in Martinez has years of combined experience. Our firm has successfully defended numerous individuals who were facing unnecessary restraining orders. As these orders can put restrictions on firearm possession, control your movements, and even lead to criminal charges, we understand everything that’s at stake in these cases. Our attorneys can mount an optimal criminal defense strategy to clear your name.
What Constitutes Civil Harassment?
Under California law, civil harassment is defined as severe or repeated behavior that leads a person to fear for their safety.
Behavior that constitutes civil harassment includes:
- Threats of violence
- Stalking
- Harassment via written communication or verbally
- Battery
- Physical assault
- Repeated attempts to communicate
- Unwanted surveillance
It is possible to issue a civil harassment restraining order if an individual engages in the aforementioned behaviors, even if they do not have any existing or close relationship with the alleged victim. Additionally, a domestic violence restraining order (DVRO) can be issued in cases where there is abuse or the threat of abuse by a close family member, co-parent, spouse, or domestic partner. If you are facing a civil harassment restraining order or a workplace violence restraining order, it is critical to contact a skilled attorney as soon as you can. They can quickly take steps to assert your rights and help you navigate the legal process.
We are available 24/7 and can quickly meet you in jail or at your location. Start your defense on the right track from the very first step.
What If You Have Been Served With a Civil Harassment Restraining Order?
If you are served a restraining order, it’s important to be compliant with all the advice given by your attorney. This is critical for avoiding any further legal implications or criminal charges.
Your restraining order could contain elements such as:
- Stay-away orders: These require you to keep a certain distance from the individual who is protected by the order.
- No-contact provisions: This prohibits any communication—whether written or oral—with the individual who filed the petition.
- Firearm restrictions: A restraining order bans any possession or ownership of firearms, making this a criminal offense.
If you violate a civil harassment restraining order, it can result in the City of Martinez Police Department arresting you on criminal charges, which can result in penalties like time in jail and fines. A knowledgeable criminal defense lawyer can effectively fight against your order, negotiate to get modifications, or advocate fiercely on your behalf. During hearings, they can compellingly present your side of the story.
Defending Against a Civil Harassment Restraining Order
Unfortunately, unjustified restraining orders are sometimes issued. These orders can be abused or built on untrue allegations. An attorney from our firm can collect concrete evidence, such as text messages, video footage, and email correspondence, to push back against any claims. Furthermore, they can effectively cross-examine witnesses to highlight any untruthful statements.
If the evidence against you is overwhelmingly strong, it may be optimal to negotiate a plea deal. Your lawyer can leverage their negotiation skills to get your restraining order reduced or even dismissed.
Martinez Statistics Related to Civil Harassment Cases
Although civil harassment cases can be applicable to anyone, the fact that 13.0% of Martinez’s population is living with a disability and 5.4% has a cognitive disability could increase their vulnerability to being harassed. Furthermore, as 50.8% of women and 53.5% of men in Martinez are married, neighbor and workplace disputes, which are common reasons for civil harassment cases, could be more likely to emerge outside the family framework.
FAQs
A: A civil harassment restraining order involves situations where the people in conflict don’t have a romantic relationship or a family relation. Therefore, these restraining orders apply only to disputes between acquaintances, coworkers, or neighbors. In contrast, a domestic violence restraining order involves relationships with intimate partners, family members, or spouses.
A: A civil harassment restraining order may last until the court hearing at the Wakefield Taylor Courthouse is scheduled. An attorney can help you prepare for these crucial dates. If the civil harassment restraining order is ultimately granted by the judge, the permanent restraining order could last up to five years. If necessary, it could be subject to renewal.
A: If you violated your civil harassment restraining order, it is a criminal offense under California Penal Code 273.6 PC and can, therefore, lead to criminal charges. Individuals convicted of this crime face time in jail, probation, and hefty fines. Furthermore, having such a violation on their criminal record can bar them from certain professional, educational, and housing opportunities.
A: Yes, it is possible to fight your restraining order in court. A dedicated criminal defense attorney can bring forward optimal evidence to challenge any orders that have been unfairly granted or were based on faulty claims. Furthermore, they can negotiate on your behalf to get the conditions of the restraining order modified, thereby minimizing its impact on your life.
A: Although it is not required by law to have an attorney defend you against a civil harassment restraining order, it is highly recommended that you do so. A knowledgeable criminal defense attorney can work to improve your chances of having a positive case outcome. They can navigate the complex hearing processes, advocating fiercely on your behalf and, potentially, get a ruling that optimizes your rights and freedoms.
Defend Your Case With a Martinez Civil Harassment Restraining Order Lawyer Today
If you are served with a civil harassment restraining order in Martinez, an empathetic civil harassment restraining order attorney from Tully & Weiss can defend your rights. We understand the significant impact that such issues can have on your personal and professional life. Our team can develop a strategy that protects your future. Reach out today to schedule your consultation so we can discuss your case.