Allegations of domestic violence can be serious and often result in the issuance of protective orders. These are orders that a judge can issue to protect alleged victims in criminal cases or as independent civil order, usually in response to incidents involving abuse or threats of abuse. An Oakland protective order lawyer could examine your circumstances and work to resolve the allegations against you favorably.
An experienced criminal attorney could defend you against the imposition of a protective order. As violations of a protective order can result in criminal charges, having a strong legal defense could help you protect your future.
Alleged victims may receive different levels of protection from protective orders. For example, law enforcement may issue an emergency protective order (EPO) to offer short-term protection for someone immediately after a reported incident while he or she is in the process of obtaining a permanent restraining order. These orders typically last five to seven days or until a court issues a more permanent order.
Temporary restraining orders (TRO) offer a form of relief that lasts longer than an EPO. These orders can continue until a hearing is held on a permanent restraining order, or until a criminal case is resolved.
A permanent restraining order restricts all contact between the parties and can last up to five years. The court must hold a hearing on the matter, and both the prosecution and defense can present evidence. Enlisting the help of a knowledgeable attorney in Oakland may be essential to avoiding the significant restrictions that a temporary restraining order may impose.
State law allows courts to issue civil protective orders that are designed to protect individuals from physical abuse, harassment, and threats of injury or harm. These orders generally prevent restrained parties from contacting or communicating with the persons who are covered by the order. (CCP §527.6)
When intimate parties are involved, incidents of abuse and domestic violence can result in a restraining order under California Family Code § 6203. This section defines abuse as occurring when someone intentionally or recklessly causes bodily injury to another, commits sexual assault, or creates a reasonable fear of imminent severe bodily harm to another. Abuse also constitutes any other behaviors that a protective order may prohibit and are not limited to inflicting physical damage.
Abuse can only be considered domestic violence when it occurs between individuals who have specific relationships with one another. Under Cal. Fam. Code § 6211, these relationships include:
Domestic violence also occurs when an abusive incident involves people who are at least second-degree relatives, whether by blood or marriage. A protective order lawyer in Oakland could be vital in determining whether a situation qualifies as abuse or domestic violence.
Protective orders can contain various provisions, but they commonly include:
Other restrictions might include following child custody, visitation, and support orders, staying away from shared pets, transferring a shared cell phone to the other party, and returning specific items of property to the protected party. A judge might also order that parties refrain from disposing of, transferring, canceling, or changing insurance policies that currently are in place for the parties or their children.
Domestic violence-related offenses, including restraining order proceedings, can have substantial consequences for you, your family, your rights, and your freedom. Consulting an Oakland protective order lawyer may be the best means of working toward a favorable outcome in your case.
Having a record of a protective order issued against you can be detrimental to your future personal life and career. Avoiding these unwanted repercussions may be possible with the help of accomplished legal counsel. Schedule a case consultation today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
