Restraining Orders Relentlessly Fighting for Your Rights

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

The sooner you contact us, the sooner we can help. Request a free case review today to get started. Se habla Español.

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:

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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

Contact our office online today to review your defense options in full detail. Request a FREE and Confidential Consultation! Se habla Español.


Hear Directly from Our Clients
  • “I was particularly impressed by his trial approach and strategy. He made sure that my son was set up for success. I am grateful to Martin because my son was found to be not guilty by the jury.”

    - Paulette Smith
  • “It definitely felt like he had my back and wanted me to win as much as I wanted to win. I highly recommend Mr. Caraves I felt like Mr. Caraves did everything he could to help us win the case. I could go on and on but I think you get the picture. Great win!”

    - Langston W.
  • “Martin me dijo el primer dia que tuve la entrevista con el........ no se preocupe por nada, yo voy a pelear su caso y olvidese del caso, si necesito algo lo llamo. Eso es lo que hice, y despues me ...”

    - Gloria C.
  • “Es una firma de abogados que necesita nuestra comunidad; en más de 5 casos han apoyado y tenido éxito con los casos si tienes un DUI, un accidente de cualquier género no duden en buscar en ellos su ...”

    - Myriam R.
  • “El mes Julio 31 19 me atendió este abogado muy bien y todo le entendi mi caso era que un investigador privado quería mi información y yo tenía mucho miedo y el me ayudó.”

    - Fredi L.

Why Choose Us?

See What Makes Us Different 
  • A History of Results

    Our caring yet aggressive approach has built up a proven track record of defense victories.

  • Reputation for Excellence

    Our law firm is known for serving clients with integrity and responsiveness.

  • Trusted in the Community

    Our team includes a former public defender who has served indigent clients and is dedicated to the community.

  • Former Prosecutor

    With our more than 25 years of combined experience, we have the insight and talent to handle any type of criminal trial.

  • Multicultural Team

    Our Spanish-speaking attorneys and staff serve people from all walks of life.

Contact Us Today

Call Us at 510-953-5551 or Fill Out The Form Below for a Free Consultation
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