Restraining Order Defense Lawyer in Oakland
Defending the Accused for 20+ Years – Call (510) 953-5551
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 criminal 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:
- Overwhelmingly positive client testimonials
- Invaluable experience as former prosecutors
- Fluent in English and Spanish
- Trial-tested, award-winning representation
The sooner you contact us, the sooner we can help. Request a free case review today to get started.
What to Do if Someone Files for a Restraining Order Against You
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.
You Are Innocent Until Proven Guilty
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 criminal defense lawyers understand the severity of your situation and the laws that influence its outcome.
With responsive communication and a steadfast dedication to preserving your wellbeing, we can help you level the playing field against the opposition’s claims. We know what is at stake, and we are prepared to fight for you.
Contact our office online today to review your defense options in full detail.