Law Offices of Erik Steven Johnson

247 N. Third Street, San Jose, CA 95112

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San Jose Domestic Violence Defense Lawyer

san francisco restraining order lifted lawyer

Attorney for Challenging Restraining Orders in San Francisco and Santa Clara County

Domestic violence restraining orders can separate families and cause significant stress and tension among all involved parties. Not only can a restraining order limit your freedom of movement and access to places, but it can also result in you becoming homeless and having no contact with your children. If there is a restraining order for domestic violence issued against you, contact the Law Offices of Erik Steven Johnson. Attorney Erik Johnson's high-quality legal representation goes unmatched, and he will aggressively challenge a protective order that restrains you.

Types of Restraining Orders for Domestic Violence

In California, there are three types of domestic violence restraining orders:

  • Emergency protective order (Family Code sections 6250-6257). This type of protective order can be issued in situations in which a police officer believes that a person is in danger of domestic violence based on that person's allegations, a child is in danger of abuse from a family or household member, or an elder or dependent adult is in danger of abuse. The law enforcement official who responds to a domestic violence situation can call a judge to order a restraining order against the alleged abuser. This type of order is intended to allow individuals time to request a domestic violence restraining order that is in effect for a longer period of time. In addition, an emergency protective order can remove the alleged abuser from the home he or she and the victim share as well as prohibit the abuser from contacting the protected person under the order. An emergency protective order may also grant the victim of abuse temporary custody of the children he or she and the alleged abuser have together.
  • Temporary restraining order (Family Code sections 6320-6327). Domestic violence victims can request a temporary restraining order when filing for a regular domestic violence restraining order. A temporary restraining order is effective for a limited amount of time. This type of order includes protections including prohibiting the abuser from entering the victim's home, having no contact with the victim, and other protections.
  • Order after court hearing (Family Code 6340-6347). A domestic violence restraining order can include a personal conduct, stay-away, and residence exclusion orders which can stay into effect for up to five years. However, the protected person of a restraining order can request its extension. A personal conduct order can prohibit the alleged abuser from contacting, threatening, harassing, stalking, assaulting, and attacking the protected person of the order. The stay-away order within the domestic violence restraining order can order the restrained person to maintain a certain distance from the protected person as well as from the protected person's residence, place of work, children, vehicle, and other places. A residence exclusion order can order the restrained person to leave the home in which the protected person resides.

Criminal Restraining Orders

Another type of order that is sometimes issued in domestic violence situations is a criminal protective order. A criminal protective order is similar to that of a domestic violence restraining order. It can include a no-contact order or a peaceful contact order. Such orders give the accuser power and control over the restrained person. If the protected person allows the restrained person back into his or her home and an argument ensues, the protected person can call law enforcement officials and allege that the restrained person began abusing him or her.

Therefore, it is essential to keep in mind that if your restraining order prohibits you from entering the protected person's home or visiting the protected person, then you should follow the order. Even if you and the protected person have reconciled, you will be violating the order if it prohibits you from visiting the protected person. If you are found to be in violation of the order, you may be charged with another criminal offense which can result in penalties such as jail time, probation, and/or fines.

Restraining Orders and Child Custody

If a restraining order is issued against you, you could temporarily lose custody of your children, not be permitted to contact them, and not be allowed to visit them. This places a significant emotional toll on families and restrained persons. If you are charged or convicted of domestic violence during a divorce, then you may permanently lose child custody and even parenting time (also referred to as visitation) because you can be deemed by the court as an unfit parent who may abuse your children. It is imperative you have a criminal defense lawyer with strong experience in family law at your side. Attorney Erik Johnson will work to ensure your visitation and custody rights are protected throughout the legal process.

Skilled Domestic Violence Lawyer in Cupertino CA

Oftentimes, individuals will accuse their spouses of abuse because they were angry, desire revenge, or want to prevent their spouses from seeing their children. Even if the protected and restrained persons reconcile and both parties wish to end the restraining order, the judge may not terminate the order. Attorney Erik Johnson at the Law Offices of Erik Steven Johnson can assist you in ending or modifying a domestic violence restraining order. It is essential to have a reputable, experienced attorney who will effectively represent your voice in court. Do not allow a restraining order to limit your freedoms and restrict communications with your family any longer. Call 408-246-3004, or contact us online. We serve clients in Saratoga, Los Gatos, Mountain View, and Campbell.

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