Formidable California Domestic Violence Restraining Order Lawyers
The attorneys at the Law Offices of John A. Guthrie represent clients on both sides of domestic violence accusations and related restraining orders. From our offices in Pleasanton and Danville, we balance the need for immediate action with the long-term impacts these decisions may have on your life.
With actual courtroom and litigation experience, we know how to prepare a strong legal strategy and present successful cases in court. We understand how sensitive and overwhelming domestic violence cases are. We will help you understand the different types of restraining orders available to you under California law so that you can make an informed decision.
Temporary Orders And Evidentiary Hearings
Under California state law, taking out a restraining order against a former or current spouse, former or current significant other, partner, or family member is a relatively easy. Typically, when a person is in fear for their immediate safety, they can request a restraining order by filling out an affidavit at the local courthouse. A temporary restraining order will be issued and a hearing set to determine if the order should be extended.
At the Law Offices of John A. Guthrie, we represent clients affected by domestic violence across Alameda County from our offices in Pleasanton and Danville. If you need a restraining or protection order or are suddenly finding yourself the subject of one of these orders, speak with one of our restraining order attorneys.
California law requires that certain conditions are met in order for a domestic violence restraining order to be granted after a hearing. We will review your situation and help you determine your options, whether you are seeking an order or defending against the temporary restraining order. Because evidence and eyewitness testimony can be introduced at the hearing, it is especially important to have a lawyer present who can defend your interests, protect your rights and fight for the best possible outcome.
Aggressive Representation To Keep Your Family Safe
Domestic violence restraining orders are used to protect yourself and your family from imminent harm or the threat of harm. This type of restraining order can protect you from people you live with or know on an intimate basis, including spouses and partners.
Restraining order protections in California can include:
- Vacate an apartment or house if shared with the person feeling threatened
- Prohibiting the offender from returning home
- Preventing them from visiting children
- Avoid all contact with the person, their children, relatives and specified others
- Provides temporary custody of children and possession of the home
- Demand child support, bill payments and spousal support
- Demand return of certain property items taken from you
- Comply with federal law prohibiting ownership of a gun
Note that visitation or custody of children may be denied or modified in cases involving a threat of abduction or abuse
Should a restraining or protection order be violated, the authorities can immediately arrest and detain the person threatening you. Additionally, violating a restraining order can result in criminal charges. While a restraining order may not ultimately prevent violence, they have the advantage of involving law enforcement early on, making it more difficult for someone to harm you.
When Restraining Orders Are Used As Weapons
Our attorneys take pre-emptive action in cases where an order of protection is clearly being used to complicate our client’s life and leverage certain issues in a highly contested divorce case. Working with investigators, we look into the background of your accuser, detailing ulterior motives, drug or alcohol abuse, and psychological problems that often play a role in allegations of domestic abuse, violence and restraining orders.
Protecting You Against The Lasting Impacts Of Domestic Violence Restraining Orders
If you are the victim of a false or unreasonable restraining order, you need an experienced attorney to defend your rights. Sometimes, restraining orders are abused as an attack against you and are not based on truth. Whether your spouse is trying to win favor in a divorce or child custody proceeding or attempting to be malicious, a restraining order is not something you can ignore.
A restraining order may keep you away from your home and kids and prevent you from working or living normally. It can also have lasting impacts on your relationships and reputation. Violating a restraining order can result in arrest, jail time and a hefty fine. Our experienced attorneys will defend you against restraining orders to protect your rights and freedom.
We Are Ready To Fight For You
If you need to file a restraining order or have a domestic violence restraining order filed against you, contact an experienced attorney as soon as possible for assistance. With our client-focused representation, we take the time to get to know you, your case and your goals. Contact us today to schedule a free consultation at 925-271-4342 or complete an online contact form.