San Ramon Domestic Violence Restraining Order Lawyer

Domestic Violence Restraining Order Attorney in San Ramon, CA

If you have been served with a domestic violence restraining order, or someone is threatening to file one against you, you may not know what to do next. It’s important to know what your rights are and how severe the consequences can be if you violate the order. A San Ramon domestic violence restraining order lawyer can help you understand the order placed against you and work to secure a positive outcome.

At Tully & Weiss Attorneys at Law, we have a team of dedicated attorneys with over 25 years of experience helping clients protect their rights in domestic violence cases. Our success in and out of the courtroom is proof that our approach is an ideal defense against a domestic violence restraining order.

What is a Domestic Violence Restraining Order?

California domestic violence restraining order laws are exercised to protect individuals in certain dangerous situations. These orders are often sought in cases where a spouse or partner claims abuse. A domestic violence restraining order is ordered when a potential victim is in danger of being harmed by a spouse, family member, parent, or intimate partner.

A 2022 study showed that one in four women in the US has been abused by their intimate partner. A domestic violence restraining order helps protect women in similar situations from their abusers, the restrained person.

A personal conduct order often prohibits the restrained person from stalking, attacking, or communicating with the protected party. Stay-away orders determine a distance that the restrained person must maintain from the person who is issued the restraining order.

If you have been served with a restraining order, understanding its implications is important. Violations can result in severe penalties like jail time. Speak with a San Ramon domestic violence restraining order lawyer to understand the full implications of any order filed against you.

Consequences of Violating a Restraining Order

It’s important not to ignore a domestic violence restraining order, even if you think there are no grounds for the order or if it was not properly served. It is illegal under California Penal Code 273.6 to violate a domestic violence protective order, whether you agree with them or not. Violations can bring serious legal consequences. A temporary order can result in a permanent restraining order being filed against you, which lasts three years.

An experienced San Ramon domestic violence restraining order attorney can help you avoid consequences like those listed below:

• Criminal record. Domestic violence restraining orders are issued in civil court; they are entered into a California state database system accessible to all law enforcement. If you are pulled over for speeding, the officer can see if you have a restraining order. It also shows up on background checks when you apply for housing or employment.
• Loss of firearm rights. In California, if you have a restraining order issued against you, you immediately lose your Second Amendment rights and can no longer carry or own a firearm.
• Child visitation and custody. If you have children with the person who sought a restraining order against you, it can include orders that give custody to the other parent, restrict or eliminate your parenting time, or affect permanent custody.
• Employment. Potential employers may conduct a background check when you apply for a job. A domestic violence restraining order can raise a red flag, and you may not be eligible for employment in education, financial services, security, or healthcare.

Steps to Take if You Are Served with a Domestic Violence Restraining Order

California’s restraining order process is complex, with strict deadlines and complicated legal procedures. Just one mistake can cost you your freedom. The most important step you can take in your San Ramon domestic violence restraining order case is to hire a domestic violence restraining order lawyer as soon as possible. A qualified attorney can help in the ways listed below:

• Meeting deadlines. Initial restraining order hearings are set within 25 days to decide if the request for a permanent order is validated. During this time, you need to file a written response, gather evidence, and identify witnesses. An attorney can help you move through this process efficiently.
• Understanding California’s rules of evidence. Domestic violence restraining order hearings follow the California Evidence Code but apply a preponderance of the evidence standard, which lowers the burden of proof. An attorney familiar with domestic violence restraining order laws can better admit documents into evidence, examine witnesses, and present legal arguments.
• Protecting your rights. An attorney can work to investigate the case and expose any false allegations against you. Their knowledge of the legal system can help clear your name, protect your rights, and prevent the long-term effects of your case.

FAQs

How Much Does a Lawyer for a Domestic Violence Restraining Order Cost?

The cost of an attorney for a domestic violence restraining order depends on the complexity of the case. Most attorneys charge an hourly rate, and some may ask for a retainer up front. The more complex the case, the more it can cost. If your attorney spends time investigating the facts of the case and interviewing witnesses, it may cost more than more straightforward domestic violence restraining order cases.

What Are the Requirements to Get a Domestic Violence Restraining Order?

In California, you must have a qualifying relationship with the person you are looking for protection from. It could be a family member, spouse, partner, or a person you dated. A demonstration of abuse is also necessary, and the person seeking the restraining order must show an immediate and present danger of additional abuse.

Does a Temporary Restraining Order Go on Your Record in California?

A temporary restraining order in California is a matter of public record. It is entered into the law enforcement database and can remain there for up to 25 days until your initial court hearing. A denied TRO may be removed, but if a permanent domestic violence restraining order is issued, it will remain on your record.

What Type of Lawyer Handles Domestic Violence Cases?

The type of attorney that handles domestic violence cases depends on whether it is a criminal or civil case. If you have been charged with a crime, you need a criminal defense attorney. They can handle your defense and other legal issues. If your domestic violence restraining order is a non-criminal civil order, a San Ramon family lawyer can help you with your case.

For San Ramon residents, non-criminal domestic violence restraining orders are handled by the Contra Costa County Superior Court in the Walnut Creek Courthouse in Walnut Creek on Pine Street. Regardless of whether your case is criminal or civil, having an experienced attorney to represent you in your case is critical.

Contact a Domestic Violence Restraining Order Lawyer

If you have been served with a domestic violence restraining order, contact Tully & Weiss. We can help protect your rights and your freedom. After discussing your case, we can determine an ideal strategy for your case. We understand the difficulties involved in these cases and can use our knowledge of California domestic violence restraining order laws to plan your defense.