Restraining Order Defense Lawyer in Oakland
What Qualifies for a Restraining Order in California?
In the state of California, a person who feels they have been abused, stalked, or harassed, known as a “petitioner,” may file a request with their local court for an order of protection against their alleged abuser, commonly known as a restraining order. Orders of protection can be used to restrict a person’s behavior, such as prohibiting them from contacting or visiting the petitioner or their family. If a person has filed for a restraining order against you, you have the right to be notified of the request, to have a court hearing, and to defend yourself with the assistance of an attorney.
To maximize your chances of achieving a favorable outcome, it is vital you do the following:
- Obey the temporary order: Restraining orders in California are initially temporary, effective for a period of a few days to a few weeks after being served. If you have been served a temporary order, it is crucial you follow all of its terms. Depending on the specifics, you may be required to refrain from entering the petitioner’s place of work, entering their school, or even purchasing a firearm. Violating this order can potentially cause you to face misdemeanor or felony charges, carrying jail time, expensive fines, and other penalties upon conviction.
- Gather evidence: Gather as much physical evidence as you can related to the incident or incidents the petitioner referred to in their request. This can include clothing, photographs, videos, letters, phone records, emails, or any other documents that may be able to show what happened and where you were.
- Make a list of witnesses: Include the contact information of everyone you believe has information about the incident in question. Their testimonies may be invaluable in proving your innocence.
- Hire an attorney: A legal professional from our firm can help you respond to your accusations and plead your side of the story to the courts at your mandatory hearing. From dealing with law enforcement to negotiating for a reduction or dismissal of your charges, we can ensure your rights are protected and minimize the chances of having the order stay in effect.
It is not uncommon for individuals to seek restraining orders against individuals for inappropriate reasons, such as to gain leverage in an upcoming divorce or custody hearing or to get back at a spouse for their infidelity. Whatever the case may be, our attorneys are prepared to stand by your side during this difficult time.
Fighting a Restraining Order in California
Has your spouse or dating partner sought a restraining order against you? If so, it is imperative you retain powerful legal representation as soon as possible. If granted, a restraining order could restrict your rights considerably and potentially stop you from being able to see your children or enter your home freely.
Whether you have been accused of domestic violence, assault, or harassment, at the Law Offices of Torres & Caraves, our powerful Oakland restraining order defense attorneys can provide the aggressive advocacy you need to ensure your rights are protected during this difficult time.
Reasons why you can trust our team of advocates to handle your case include:
- Over 20 years' experience
- Invaluable experience as former prosecutors
- Overwhelmingly positive client testimonials
- Fluent in English and Spanish
- Trial-tested, award-winning representation
Restraining orders can move quickly and blow up into serious legal battles if you do not take action promptly. At the Law Offices of Torres & Caraves, our Oakland restraining order defense lawyers understand the severity of your situation and the laws that influence its outcome.
When our lawyers are trying to fight a restraining order in California, they may use the following strategies:
- Challenge the Evidence: We may try to challenge the evidence presented by the plaintiff or prosecutor. They may argue that the evidence is insufficient, unreliable, or improperly obtained.
- Attack the Legal Basis: Our lawyer may challenge the legal basis for the restraining order. They may argue that the plaintiff did not meet the legal standard for obtaining a restraining order or that the order violates the defendant's constitutional rights.
- Cross-Examine Witnesses: The lawyer may cross-examine the witnesses presented by the plaintiff or prosecutor. They may try to cast doubt on their credibility or poke holes in their testimony.
- Present Counter-Evidence: Our lawyers may present counter-evidence to contradict the plaintiff's case. For example, they may present evidence that the alleged harassment or abuse did not occur or that the defendant did not pose a threat to the plaintiff.
- Negotiate a Settlement: We may attempt to negotiate a settlement with the plaintiff or prosecutor. This may involve agreeing to certain conditions, such as attending counseling or staying away from the plaintiff, in exchange for dropping the restraining order.
- Appeal the Decision: If the restraining order is granted, our lawyer may file an appeal. They may argue that the judge made errors in the application of the law or that the decision was not supported by the evidence.
Dismissed Sexual Assault
Felony Charge Reduced to Misdemeanor Stalking
Charges Dismissed Child Abuse
Dismissed Rape by Force
Dismissed Grand Theft/Burglary/Forgery
Our caring yet aggressive approach has built up a proven track record of defense victories.
Our law firm is known for serving clients with integrity and responsiveness.
Our team includes a former public defender who has served indigent clients and is dedicated to the community.
With our more than 25 years of combined experience, we have the insight and talent to handle any type of criminal trial.
Our Spanish-speaking attorneys and staff serve people from all walks of life.