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Oakland Restraining Order Attorney
Although you technically don’t need an attorney to request a restraining order, an Oakland restraining order lawyer may be beneficial for fighting one. Sometimes, a person feels they need legal assistance in fighting against a restraining order in Oakland.
A restraining order in California is a court order meant to protect an individual from another person. It offers protection from threats, stalking, abuse, or harassment.
Sometimes, people think that a restraining order is unfair or not true. In such cases, having an Oakland restraining order attorney by your side is crucial.
In some cases, a petitioner can make false allegations of abuse. That can negatively impact the respondent’s life. A skilled restraining order lawyer can assist with contesting the restraining order. The Law Office of Rebecca Feigelson may be able to help.
What Is a Restraining Order?
A restraining order requires the restrained person to stop certain activities. These activities are typically listed in the court order. They can protect a person against the following:
- Domestic violence
- Civil harassment
- Elder abuse
- Workplace violence
If the person continues those activities after the restraining order, they face serious consequences.
Types of Restraining Orders
There are three levels of domestic violence restraining orders under California law. They consist of the following:
Emergency Protective Orders
An emergency protective order is often the result of a domestic violence call. It is issued when a law enforcement officer feels there is imminent danger to the victim. In other words, it’s an emergency situation where someone needs immediate protection.
The officer can contact a judge who can issue an emergency protective order. An emergency protective order lasts between five business days and seven calendar days.
Temporary Restraining Orders
Temporary restraining orders are typically issued before the court hearing. A court hearing will be scheduled when someone is filing for a restraining order. Then, the judge will decide whether the restraining order should be in place.
Sometimes, petitioners can ask for immediate protection. They may be granted a temporary restraining order. A temporary restraining order can last up to 21 days.
Permanent Restraining Orders
Permanent restraining orders are issued after the hearing. At the hearing, both parties get the opportunity to present their cases. After that, a judge can deem whether this restraining order is necessary.
A permanent restraining order doesn’t last forever, contrary to their name. They last up to five years from the court date when they were issued. The petitioner may ask the judge to extend the order’s effect. A request for renewal can be brought within three months before the order expires. The judge can make an extension without another hearing.
How Does a Domestic Violence Restraining Order Work?
Cases involving domestic violence restraining orders can be challenging. The individual asking for a court order is the petitioner. The individual the restraining order is brought against is the restrained person.
Not everyone can file a domestic violence restraining order in the State of California. Individuals have to share a close relationship for this type of court order. That includes spouses, family members, domestic partners, ex-partners, and roommates.
A skilled attorney could be valuable if you are dealing with a restraining order or any other legal issues. An experienced Oakland domestic violence lawyer can help build a credible defense. They can represent the defendant at the hearing and speak on their behalf. That can be beneficial, especially if the domestic violence charges were false.
How to Respond to a Restraining Order
It’s understandable to be upset by a restraining order. However, violating the terms of the order can result in jail time and fines or put you in contempt of court. Therefore, obeying the restraining order is crucial.
Depending on the specific order, there are different requirements. As the respondent, you may be forbidden to enter the petitioner’s place of work or purchase a firearm. Read the order carefully so you are aware of the terms.
You can gather as much evidence as you can. You may be able to prove that you were innocent. Making a list of witnesses who may have additional information is also important. Some of them may prove your innocence.
As the respondent, you can also file a counter-restraining order. You will have to meet the requirements of that specific type of restraining order. You must be able to show there is convincing evidence that a restraining order should be granted.
You should also make sure to attend the court hearing. Failing to appear will most likely result in a judge ruling in the other person’s favor.
The technical aspects of restraining orders can make them difficult to fight against. That can especially be the case without the experience an attorney provides. A knowledgeable restraining order attorney will know how to build a case if a hearing is scheduled.
Consequences for Violating Restraining Orders
According to California Penal Code (273.6 PC), violating a restraining order is a crime. It can result in misdemeanor or felony criminal charges. In most cases, it’s on a California list of misdemeanors. A misdemeanor charge can result in a fine of up to $1,000 and up to one year of jail time.
However, the violation can lead to more serious charges if the following occurs:
- It’s the respondent’s second conviction for violating a protective order
- The protected person was injured, or the violation involved an act of violence.
In these cases, the violation becomes a wobbler offense. That means it can be prosecuted either as a misdemeanor or felony. If treated as a felony, the restrained person can spend up to three years in prison. There is also a fine that can go up to $10,000.
Having a domestic violence restraining order brought against you can be devastating. But that doesn’t mean criminal charges will be filed against you. However, the district attorney may decide to further pursue the matter. That means you’ll need a criminal defense lawyer even if you are innocent. The Law Office of Rebecca Feigelson may be able to provide aggressive defense to protect your rights.
See How Can Oakland Restraining Order Attorneys Help
Dealing with a restraining order action can be stressful. You don’t need an attorney for a restraining order case. But, having one could dramatically improve the chance of a potentially favorable outcome.
Oakland restraining order lawyers may need to show the judge specific evidence for the restraining order to be granted.
Sometimes a former partner can try to get leverage in a child custody case. If the respondent is falsely accused, having an attorney is a must. Attorneys can provide evidence showing why the restraining order should be invalid.
The Law Office of Rebecca Feigelson can assess your case and determine the moves that have to be taken. Reach out, so we can schedule a free consultation.
