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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Protective Orders Following an Oakland Domestic Violence Arrest

Arguments and heated discussions can quickly escalate into a physical altercation, which could lead to the involvement of law enforcement. Under Oakland law, there are various codes that may address acts of violence against people involved in an intimate relationship. Such violence is frequently referred to as domestic violence. Individuals who may experience domestic violence may include spouses, cohabitants, children, or people with whom a person may have a dating relationship. In some cases, a person may receive protective orders following an Oakland domestic violence arrest.

When such orders are issued, a person may find it advantageous to consult with a skilled defense lawyer. Complying with protective orders could become complicated, especially if it prohibits currently living arrangements. An attorney who is well-versed in Oakland domestic violence arrests could assist a person in understanding the potential requirements of a protective order and possibly work with them to discover different legal options.

Understanding a Domestic Violence Arrest

An arrest in any capacity is typically intimidating and frightening. When a person is accused of domestic violence in Oakland, they could be arrested, required to pay bail or otherwise have conditions put on them to be released. Depending on the circumstances, this arrest may lead to court proceedings and could be charged as either a misdemeanor or a felony offense.

Generally, when a law enforcement officer investigates a domestic violence situation they may have several main duties which could consist of interviewing parties involved and potentially arrest a person determined as the aggressor. An arrest in such an incident typically is meant to protect a person from harm and diffuse a heated environment. The law enforcement officer may speak with the complainant about an emergency protective order, which is similar to a restraining order but does not usually last as long. Following the discussion, a police officer may write a report which could be used to determine the charges that a person may face after a domestic violence arrest.

Types of Protective Orders

Generally, there are two types of protective orders following an Oakland domestic violence arrest that may apply. In some cases, an emergency protective order could be issued to address immediate safety concerns. This may last for five court days or seven calendar days, whichever expires first. In other incidents, a person may receive a criminal protective order from the court. This type of protective order can be further broken down into two subtypes. One version typically allows zero contact between the complainant and the person accused of the domestic violence offense. The other version may allow for peaceful contact and is commonly referred to as a No-HAM which could potentially protect against harassment, annoyance, and molestation.

Potential Legal Consequences for Non-Compliance

A person who violates a protective order could be put in jail. They may at least be warned or reprimanded by a judge, but this offense commonly results in jail time and an additional charge of a misdemeanor violation of Penal Code section 273.6 of disobeying a court order. In some cases, a felony charge could be issued if the violation is considered a repeated conduct or if there was an injury or threat involved. Overall, failing to comply with a protective order of any type may expose a person to jail time, fines, and additional penalties if convicted.

Furthermore, a person’s child custody or visitation rights could be negatively influenced. When courts review a case concerning children they typically attempt to act in they believe is the child’s best interests. This may involve removing a child from a person’s custody or dismissing visitation rights when a protective order is issued following an Oakland domestic violence arrest. A person may want to seek legal counsel from an aggressive defense attorney who could help fight for their right to child custody or visitation.

Advantages of Obtaining a Defense Attorney in Oakland

When someone receives protective orders following an Oakland domestic violence arrest, they may benefit from obtaining the legal services of a skilled defense attorney. Understanding the protective order could be more complicated than a person may initially realize, and non-compliance could lead to significant penalties. Contact a dependable defense attorney who is familiar with domestic violence cases in Oakland and they could help explain how to maintain compliance. Schedule an appointment today.

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