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Martinez Domestic Violence Restraining Order Lawyer

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Martinez Domestic Violence Restraining Order Attorney

best martinez domestic violence restraining order lawyer

If you’re facing a domestic violence restraining order in California, you’re likely feeling overwhelmed and unsure of what legal steps to take next. Whether you need to defend against an unjust restraining order or have been accused of domestic violence, a Martinez domestic violence restraining order lawyer from Tully & Weiss can defend your rights and future. Together, we can fight for fair treatment under California law.

At Tully & Weiss, our dedicated team of attorneys has years of combined experience in these cases. We have successfully defended many individuals who have been charged with domestic violence in Martinez, both in and out of the courtroom. We work closely with our clients to understand the accusations they are facing. Then, we can develop an optimal legal strategy to clear their name and minimize any negative repercussions.

Understanding Domestic Violence Restraining Orders in California

A domestic violence restraining order (DVRO) is issued by the court to protect individuals who are under threat of being abused by a person they’re in a close relationship with, such as a family member, co-parent, domestic partner, or spouse. It’s important to note, however, that restraining orders can be unfairly issued or brought forward based on misunderstandings, personal disputes, or faulty allegations.

In addition to DVROs, civil harassment restraining orders and workplace violence restraining orders can also be obtained for protection. A civil harassment restraining order is typically issued when there is harassment that doesn’t involve a domestic relationship, such as stalking, threats, or unwanted behavior by someone who isn’t a close family member. Meanwhile, a workplace violence restraining order is designed to protect employees who are facing threats or violence at their place of work, whether from a colleague, client, or another individual, and ensures a safer working environment.

These orders serve to provide protection in different contexts, offering a legal avenue for individuals to safeguard themselves from various forms of harassment or violence.

Restraining orders impose severe restrictions, such as:

  • Prohibiting contact with the alleged victim
  • Kicking the accused out of their family home
  • Keeping the accused from possessing firearms
  • Mandating child support and custody obligations
  • Prohibiting the accused from going near certain places, such as homes, schools, or workplaces

This can significantly inhibit an individual’s rights and freedoms.

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 to Do If You Are Served With a Domestic Violence Restraining Order in Martinez

If you have been served with a DVRO in Martinez or the surrounding areas, it is crucial to act as soon as possible. If you violate your restraining order terms, the City of Martinez Police Department could arrest you on criminal charges. The resulting penalties could include time in jail, fines, and a permanent criminal record in Martinez.

Take the following steps if you have received a restraining order notice:

  • Understand the order: Carefully read the specific restrictions that have been imposed on you. Be sure to maintain compliance to keep from facing any additional legal penalties.
  • Collect evidence: Gather any email correspondence, text messages, or statements from witnesses that could support your side of the story.
  • Go to your hearing: Under California law, a court hearing is required to finalize a restraining order. If you miss your hearing at the Spinetta Family Law Center, the restraining order may be made permanent.
  • Contact a skilled attorney: A detail-oriented criminal defense attorney in Martinez can question the allegations against you, cross-examine any witnesses, and effectively present your arguments.

Defending Against False Domestic Violence Allegations

There are 14,673 households in Martinez, with an average family size of 3.03 and 51.1% of them being married couple family households, so domestic issues commonly arise.

A fierce attorney from our firm can assist you by leveraging various defense strategies, such as:

  • Claiming self-defense.
  • Gathering evidence that proves your side of the story.
  • Showing that there is a lack of consistent evidence against you.

From representing you in hearings to helping you avoid penalties for violating a restraining order, our dedicated legal team can represent you in any restraining order case. Contact our team as soon as possible after being served with a restraining order. That way, we can work quickly to protect your interests.

FAQs

Q: What Should I Do If Someone Falsely Accuses Me of Domestic Violence?

A: If someone has falsely accused you of domestic violence, it’s crucial to keep calm. Do not try to contact the person accusing you. As soon as possible, start gathering any evidence that disproves the allegations you are facing. It is then crucial to work with a skilled Martinez criminal defense lawyer, as they can design and implement an optimal defense strategy.

Q: How Long Does a Domestic Violence Restraining Order Last?

A: A domestic violence restraining order typically lasts until the court hearing happens, which can be a few weeks. If the judge decides that the restraining order should be permanent, it can last up to five years. If necessary, it can be renewed. A knowledgeable attorney can determine how long your restraining order may last.

Q: Can a Restraining Order Affect Child Custody?

A: Yes, a restraining order can affect child custody. For example, if a restraining order is being issued against you, the court may decide to modify or restrict your parental custody rights. Therefore, it’s crucial to work with a detail-oriented attorney who can argue that the custody restrictions against you are unjust and built on false allegations.

Q: Will a Restraining Order Show Up on My Record?

A: Yes, a restraining order may show up on your record in law enforcement databases. If you violate a restraining order, this can lead to further criminal charges, which will also come up on background checks. These have the potential to impact all aspects of your life, ranging from the personal to the professional. An attorney can help you ensure compliance with your restraining order to avoid any unintended legal consequences.

Q: How Can a Lawyer Help Me Fight a Restraining Order?

A: A lawyer can help you fight a restraining order by:

  • Questioning the validity of the accusations against you
  • Representing you fiercely during court hearings
  • Presenting witness testimony and other evidence to support your case
  • Negotiating a dismissal of the order or lesser restrictions

Overall, they can work to defend your rights and interests by navigating the complex criminal law process.

Schedule a Consultation With a Martinez Domestic Violence Defense Lawyer Today

If you are dealing with a domestic violence restraining order in Martinez or the surrounding areas, you do not have to manage the situation alone. An empathetic criminal defense attorney from Tully & Weiss can provide you with skilled legal representation. Our team can work hard to defend your future and freedoms. Contact us today to schedule your consultation. We can review your case and explain your options.

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