Facing A Restraining Order in California?
Our Oakland Restraining Order Attorney Can Help With Your Defense
California takes domestic assault and other violent crimes very seriously. As a result, a simple accusation with little concrete evidence can be enough for a judge to grant a temporary restraining order. The consequences of violating a restraining order are devastating and far-reaching. You need an aggressive criminal defense lawyer on your side to protect your rights and prevent the order of protection from becoming permanent.
Every day courts assign restraining orders to thousands of individuals. If you were assigned a restraining order anywhere in the United States of America, then you have important Constitutional rights. Our Oakland restraining order attorney can make sure that you understand your rights throughout the entire process. At The Law Office of Louis J. Goodman, we use reliable defense strategies that can strengthen your case. For over thirty years, we have defended our clients against criminal charges and restraining orders. We handle cases throughout Alameda County — including in Oakland, Berkeley, San Leandro, Castro Valley, Fremont, Newark, Union City, Pleasanton, Dublin and Livermore.
Why Are Restraining Orders Issued in Alameda County?
A court following an incident of abuse, threat, harassment or assault most often issues restraining orders. However, those assigned restraining orders may face unfair and unnecessary punishments even if there is only an assumed violation of a restraining order — the law will often side with the person who files. For example, in a claimed domestic abuse case, the court will often issue a temporary restraining order before a hearing. This order is usually assigned before the person who has been issued the restraining order has a chance to testify.
An Alameda County judge will conduct a formal hearing if a permanent order is deemed necessary. Anyone facing a permanent restraining order in Alameda County will receive a notice approximately one week after it is filed, so preparation is often not possible. A restraining order could be issued for a variety of reasons — each case is unique. An experienced Oakland restraining order attorney can help you understand why the order was placed and what you can do as a result.
What Are Common Penalties for Violating Restraining Orders?
Restraining orders are not in themselves a criminal charge, but any initial violation of one is a misdemeanor charge. This kind of offense can lead to up to one year in jail along with a fine of up to $1000.00. If the restrained person injured the protected person during the violation, then the fine will be double. In this case, the restrained person could face up to one year in jail, and will be required to serve a minimum of 30 days behind bars.
If a restraining order is violated twice or more within a year, then the courts have the choice to charge the offender with a felony. If, for instance, someone violated the restraining order twice, and the one who filed the order was injured during the violation, then the penalty would be six months to one year in jail and fines of up to $2000.00. If the case is prosecuted as a felony, jail time can increase two to three years.
In order to be charged for violating a restraining order, three factors would have to be exhibited:
- The order itself has to be authorized.
- The restrained person knew there was a restraining order against them.
- The violation was intentional.
Proving — or disproving — these violations is often difficult. Whether you are the restrained or the victim, you will benefit from having an experienced Oakland restraining order lawyer by your side who can help you investigate the circumstances.
Served a California Restraining Order? Call Our Oakland Restraining Order Attorney Now
Were you served a restraining order and believe that it was not with just cause? Do you have concerns that your rights have been unknowingly violated? Most people worry about how to choose a restraining order defense attorney that can work for them. For this reason, we offer free consultations. During this meeting, we will demonstrate how our firm offers reliable strategies developed from over thirty years of experience. With a restraining order lawyer from our firm on your side, you can alleviate risk and stress. Instead of worrying about restraining order defense attorney fees, you can move on with your life.
Odds are, you have questions about your rights and possible outcomes for your case. Our Alameda County restraining order attorney can work to bring you peace of mind by answering your questions. If you need immediate options for reducing charges and penalties, we can negotiate with prosecutors. Contact The Law Office of Louis J. Goodman online or call (510) 582-9090 to schedule a free consultation.