Restraining Orders

Restraining Orders are issued every day courts are in session in San Francisco, Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, and Sonoma. In actuality, there are three types of California Restraining Orders issued in domestic abuse cases.

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 an on call Judge, Commissioner, or other judicial officer any hour of the day or night at the request of a police officer, sheriff's deputy or other law enforcement officer. The Emergency Protective Order restrains the arrested person from contacting or communicating with the complainant. Emergency Protective Orders are valid for five (5) to seven (7) days from the date issued and is intended to be valid until the person arrested appears in court at the Arraignment.

Stay Away Order

At the Arraignment, the prosecuting attorney will usually seek a Stay Away Order from the judge which will be valid as long as the case is pending (including any period of probation) unless modified or extinguished. A Stay Away 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 and terminated. Probation in a domestic abuse case typically lasts three (3) years from the date of conviction. Accordingly, a Stay Away Order can be valid for well over three (3) years.

Temporary Restraining Order

A Temporary Restraining Order is a Court 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 or for any type of domestic abuse to have actually occurred. However, it is common for a person who has filed a police report to 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 complainant 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 they are entitled to have the Judge, Commissioner or other judicial officer issue a Temporary Restraining Order. However, the burden is low and Judges and judicial officers will usually 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 Restraining Order based on an accusation of domestic battery or criminal threats in California may result in serious sanctions and other punishment. For that reason, it is critical that that a person accused of domestic assault, domestic battery, criminal threats or stalking have a qualified restraining order lawyer handling the case from the earliest possible moment.

Robert Tayac is recognized as being among the top domestic violence lawyers and Restraining Order attorneys in California. He represents clients in criminal cases related to domestic violence, 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.

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The stakes are high in a California domestic violence case. An arrest for domestic battery, domestic assault, criminal threats or stalking in California may result in actual jail, large fines, mandatory 52 week 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.