Oakland Protective Order Lawyer
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.
Types of Oakland Criminal Protective Orders
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.
Civil Protective Orders
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:
- Current or former spouses
- People who currently or formerly lived together
- People who are or were in a dating relationship or engaged
- Individuals who share children
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:
- Prohibiting all contact between the parties, whether personally or indirectly
- Preventing any electronic communications between the parties
- Moving out a shared residence
- Completing a batterer intervention program
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.
Contact an Oakland Protective Order Attorney for Guidance
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.