Domestic Violence Restraining Order
If you have been served with an application for a Domestic Violence Restraining Order in California you need immediate help to protect your rights in the upcoming Hearing. Once served, the application for a Domestic Violence Restraining Order almost always contains interim orders affecting your personal conduct and controlling where you can travel, who you may call, what you may talk about. Violation of any interim order which also may be called a Temporary Restraining Order may subject you to arrest for a misdemeanor criminal offense under California law and initiate separate and more serious California criminal court proceedings. Additionally, other protective orders may be in place such as an
Emergency Protective Order or
Stay Away Order.
Not every relationship qualifies as a relationship for which a Domestic Violence Restraining Order may be issued. California law limits issuance of a Domestic Violence Restraining Order to people who are or were dating, engaged in sexual relations, or married.
Intention of the Order
A Domestic Violence Restraining Order is intended to prevent the recurrence of abuse or domestic violence between a couple. The Domestic Violence Prevention Act defines abuse as any of the following:
- Intentionally causing or attempting to cause injury.
- Placing a person in fear of injury to themselves or another.
- Unwelcome sexual contact.
- Making a threat to injure the person or a family member of the person.
- Destroying personal property of the person.
A Domestic Violence Restraining Order is intended to protect a person from abusive or unwelcome conduct such as domestic battery,
stalking, contact, or communication. Additionally, the Order may require a person to move out of their home and and contain custody orders which may prevent or limint a parent's contact with their children.
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 two (2) hours weekly for a minimum of one year, mandatory alcohol education classes, personal conduct orders, stay away orders, temporary restraining orders, and other punishment as provided by
Penal Code section 1203.097. 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 domestic violence lawyers in California and represents clients in criminal cases related to domestic violence, assault and battery, and applications for and responses to restraining orders. Attorneys, investigators and experts working with this highly specialized law office represent clients in the Northern California criminal 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.
Contact The Office
An arrest for domestic battery, domestic assault, criminal threats or stalking in California may result in actual jail, large fines, mandatory 52 weeek batterer's treatment program, mandatory alcohol education classes, and other punishment. For that reason, it is important that you have only a qualified California criminal defense lawyer handling your domestic violence case from the beginning. If you or someone you know has been or may be accused of domestic violence, we invite you to read the information contained in this website and welcome you to call our office and discuss your case with a domestic violence lawyer. If you prefer, you may submit a confidential case questionnaire which will be reviewed by a member of our firm and receive a prompt response.
If you hire Robert Tayac to handle your domestic violence case, you will know your case is being properly handled by a knowledgeable, experienced, and trustworthy California criminal defense lawyer.
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.
This website is about California’s domestic violence laws and the
San Francisco and Bay Area courts.
Domestic violence cases in California frequently must be fought. Many people
arrested for domestic violence are innocent. A person doesn't have to commit a crime to be taken to jail by the police, especially in domestic abuse cases.