What to do First
If you, a family member or someone you know and care about has been arrested for domestic violence (sometimes called spousal abuse) or served with legal documents relating to an application for a
protective order (Temporary Restraining Order or
Domestic Violence Restraining Order) you need accurate information to help you make the right decisions and guide you through the process. People are almost always unprepared when questioned by local police officers, sheriff's deputies or other law enforcement officers and no one expects to be accused of domestic abuse stemming from an allegation of
stalking. Allegations of relationship abuse and the arrest which will probably follow are frightening experiences. The legal proceedings which flow from an arrest for
domestic battery or an application for a restraining order are highly stressful and the consequences may be severe. If you follow the steps outlined here, you can save yourself time and aggravation.
Finding Someone in Jail
After a person is arrested, they are usually taken to a police station and then to the County Jail. Locating a person in jail can be difficult if you do not have information that the Sheriff's Deputies require. There are several jails in most California counties, so if you are trying to locate someone who has been arrested, having that person's full name and date of birth will make finding them easier. Click on the link "Finding Someone in Jail" for a directory of San Francisco Bay Area jails and their contact information.
Release Following Arrest
After a person is booked into the County Jail, he or she may eligible for pretrial release and may be released on their written promise to appear in court. This is called Own Recognizance Release. In some cases, however, a person will not be released from jail unless and until they post bail. Bail is an amount of money or property posted with the court as security to ensure the arrested person's appearance in court.
If bail is required, finding a bail agent is necessary unless the person is able to post the full amount of the bond. A bail agent provides the bond to ensure the court appearance of the arrested person for a significant fee. Robert Tayac has relationships with California bail agents and will be able to obtain bail at a substantial discount. Therefore, it makes sense to contact Robert Tayac before contacting a bail agent.
Hiring an Experienced Attorney
Hiring a competent and locally based attorney is a crucial first step in the criminal process. A qualified lawyer can protect you or your loved one's rights, investigate the circumstances of the arrest, provide represention in the criminal case and restraining order proceedings, and provide information about the legal options to either take the criminal case to Trial and win or minimize its impact. A skilled criminal defense attorney representing families in cases where an allegation of domestic abuse has been made should have specialized knowledge and access to the resources necessary to effectively provide a defense and successfully fight the charges.
Shortly after criminal charges have been filed against a person, they must go to court for Arraignment. At the Arraignment, the person or attorney must enter a plea of Not Guilty, Guilty, or No Contest. If a person pleads Guilty or No Contest, a sentence may be imposed immediately or at a later date. Also at the Arraignment, the judge may set pretrial release conditions which will include issueance of a
Stay Away Order or Peaceful Contact Order and will set a future court date for a
Pretrial Conference, Prehearing Conference, or Preliminary Hearing. Remember, a person is innocent unless and until proven guilty beyond a reasonable doubt. There are many defenses available in domestic abuse cases. Only by working with a qualified and skilled family attorney can a person increase his or her chances of building a defense which could prevent a criminal conviction or minimize its impact.
California Family Lawyer
The Law Office of Robert Tayac has been helping people charged with domestic abuse cases for well over fifteen years. Robert Tayac has the specialized education, training, and experience to defend you if you are being investigated or have been arrested for domestic violence. His office will also provide representation at the Hearing relating to a Personal Conduct Order. Remember, you have only one chance to handle this case properly.
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.
Contact the Law Office of Robert Tayac for a case evaluation!