Restraining Orders

Restraining Orders

There are three types of California Restraining Orders, which are also called Protective Orders, issued in criminal cases domestic abuse cases. The first type of Protective Order is an Emergency Protective Order (EPO) issued at the time of the domestic violence arrest. The second type of Protective Order is a Stay Away Order issued at the first court appearance. The third type of Protective Order is a Temporary Restraining Order (TRO) issued by a Judge, Commissioner or other judicial officer in a civil proceeding separate from the domestic violence criminal case.

Emergency Protective Order

If you have been arrested for domestic battery, criminal threats or stalking in California, you probably have been served with an Emergency Protective Order. An Emergency Protective Order is issued by a Judge, Commissioner, or other judicial officer on the request of a police officer, sheriff’s deputy or other law enforcement officer. The Emergency Protective Order restrains the arrested person from having contact or communication with the protected person. The Emergency Protective Order is valid for five (5) to seven (7) days from the date it is issued and is usually valid until the person arrested for domestic battery, criminal threats or stalking has first appeared in court at the Arraignment.

Stay Away Order

A Stay Away Order is issued at the Arraignment (first court appearance) on the domestic abuse charges. This Protective Order is valid while the court has jurisdiction over the criminal domestic battery case. If a person is convicted of domestic battery, domestic assault or a related charge such as criminal threats or stalking, the court will have jurisdiction over the person who has suffered an arrest for domestic violence until probation has been completed. Probation in a domestic abuse case typically lasts three (3) years from the date of conviction.

Temporary Restraining Order

A Temporary Restraining Order is a Protective Order requested by the person who has made a domestic abuse complaint. It is not necessary for a domestic battery, domestic assault, criminal threats or stalking report to have been made with the police. However, it is common for a person who has filed a police report to also seek a Temporary Restraining Order. If the person accused of domestic abuse, criminal threats or stalking had been involved in a dating relationship with the complainint at any time in the past, a Domestic Violence Restraining Order may be sought. If the person accused of stalking had not been involved in a dating relationship at any time in the past, a No Harassment Order may be sought.

The burden is on the person complaining of domestic assault, stalking or harassment to establish entitlement to a Temporary Restraining Order. However, the burden is low and Judges and judicial officers will err on the side of granting the Temporary Restraining Order.
Experienced Domestic Violence Lawyer

The stakes are high in a California domestic violence case. A criminal conviction for domestic battery or criminal threats in California may result in jail, large fines, mandatory domestic violence counseling sessions which meet weekly for one year, mandatory alcohol education classes, personal conduct orders, stay away orders, temporary restraining orders, and other punishment. For that reason, it is critical that that a person charged with domestic assault, domestic battery, criminal threats or stalking have only a qualified domestic violence defense lawyer to handle the case from the earliest possible moment.

Robert Tayac is recognized as being among the top restraining order lawyers in California and represents clients in restraining order cases related to domestic violence, assault and battery, and applications for and responses to other personal conduct orders. Attorneys, investigators and experts working with this law office represent clients in the Northern California courts located in San Francisco, San Mateo Marin, Alameda, Santa Clara, Contra Costa, Sonoma and Napa counties. Additionally, lawyers of this law firm represent clients seeking or defending against temporary restraining orders and no harassment orders before the superior courts of San Francisco, San Rafael, Redwood City, South San Francisco, Napa, Oakland, Palo Alto, Walnut Creek, San Jose and Santa Rosa. The firm accepts only California domestic battery cases, California temporary restraining order actions or California driving under the influence cases.

Office Locations and Areas We Serve

Mr. Tayac represents clients who have been arrested in the following counties as well as other cities throughout California and can meet clients at one of several office locations in Northern California.

San Francisco
San Mateo County
Marin County
Alameda County
Santa Clara County
Contra Costa County
Napa County
Sonoma County
Oakland
Palo Alto
Walnut Creek

Resources

Oakland DUI Lawyer
San Mateo Lawyers
Napa DUI Lawyer
San Rafael DUI Lawyer