Domestic Violence Restraining Orders in California

Restraining orders and domestic violence orders carry significant legal consequences, profoundly impacting individuals subject to such directives. The repercussions extend to various facets of the affected person’s life, potentially leading to the loss of child custody and the confiscation of firearms. Nagra Law Firm P.C. strongly urges prompt action and advises seeking counsel from a reputable Sacramento restraining order attorney. Taking quick action and making the right moves in time can help you or your loved one build a strong case in court and possibly get the orders altered or completely removed.

In this blog, Nagra Law Firm will provide brief insights into what a restraining order is, its types, the duration of a restraining order, and what can be done in the event the allegations are discharged against the defendant.

What is a Restraining Order?

A restraining order is a court order issued in a domestic violence case that prohibits the defendant from contacting, harassing, or communicating in any way with the alleged victim. The individual who is protected is referred to as the protected party. Protected parties can include girlfriends, boyfriends, spouses, immediate relatives, children, roommates, and even pets. If such orders are issued against you or anyone in your family, you can promptly contact a domestic violence lawyer in Sacramento and, with their legal counsel, take the necessary steps.

How Long Does a Restraining Order Last?

A restraining order can have a short duration of 7 days and may extend up to 5 years as well.

What are the types of Restraining Orders?

There are four types of restraining orders: domestic violence restraining orders, civil harassment restraining orders, elder- or dependent adult abuse restraining orders, and workplace violence restraining orders.

What Documents are Used as Proof to Obtain a Restraining Order?

No matter who files a case and in which scenarios, strong evidence is a must for anyone seeking a restraining order against another person. It is the victim or the complainant’s responsibility to obtain evidence and present it before the court to secure a domestic violence restraining order in California. The following documents are often considered as proof in cases of domestic violence restraining orders in California.

Police Report

A police report is an official complaint filed by a victim or a complainant at a police station. The report contains precise details of the incident, including allegations against the defendant. The court can refer back to the day of the incident with the help of the information and details presented in the police report.

Medical Records

If there has been any physical injury involved in the incident, a medical record is crucial as proof. A certified healthcare professional must include precise details of the injuries in the report. The medical report aids in identifying the physical damages and provides a rough timeline of the injury in question before the court.

Pictures

Often, pictures are viewed as evidence of an injury or property damage in court. When applying for domestic violence restraining orders in Sacramento, a victim may include pictures as proof. On the other hand, a defendant can also use pictures to defend themselves and question the authenticity of the submitted pictures before the court. If you are a defendant and suspect that the pictures presented by a victim are forged or fabricated, you may hire a Sacramento domestic violence lawyer. Alongside their assistance, you can file a strong defense case for yourself.

Written Documents

Written documents, such as journals, are frequently utilized by investigators to examine a case. Investigators can use these documents to contrast the information provided by the defendant and the victim with the actual turn of events, based on items like journals, bills, or receipts.

Witness Statements

Any third-party witness willing to provide an oral and written statement in support of the case can have their written statement used as evidence to obtain a restraining order. A witness may be anyone who witnessed the act of violence, encountered the victim shortly after the incident, or observed signs of physical injury on the victim’s body.

What Can Be Done When Criminal Charges Are Dismissed?

If your domestic violence lawyer succeeds in obtaining a complete acquittal or dismissal of all legal charges against you, any restraining orders will automatically cease. In such circumstances, these restraining orders become null, as the court loses jurisdiction to maintain them. If you have hired us to represent you in a criminal case, we will provide guidance that can be pursued further. Even if another lawyer has represented you up to this stage and you want us to take over from here, at Nagra Law Firm, our experienced Sacramento domestic violence lawyers will guide you through the process of legally removing any orders against you.

Get the Right Counsel to Protect Your Rights!

As mentioned above, seeking immediate legal counsel is one of the quickest and safest ways to achieve a desirable outcome if a domestic violence restraining order is imposed against you. At Nagra Law Firm P.C., we offer an initial free consultation to help you take prompt action. Our team of Sacramento Domestic Violence Lawyers, led by Mr. Nagra, will thoroughly examine your case and recommend the right course of action,hopefully leading to contact with the alleged victim, increased chances for child custody, and a probable peaceful resolution to the entire situation.

There is Always a Way Out!

If you are searching for a domestic violence lawyer, we highly recommend considering Nagra Law Firm for your case. Our team has extensive experience representing various clients before California courts and helping them achieve desirable outcomes while adhering to the law. Additionally, our law firm in California provides the first free consultation, making it easier for anyone to decide on choosing us.

Our team of domestic violence lawyers strongly believes in the below quote by Nido Qubein.

Your present circumstances don’t determine where you can go; they merely determine where you start.
-Nido Qubein

No matter what your present circumstances are, with the right legal counsel and advice from Mr. Nagra and the Nagra Law Firm in Sacramento, you can find a positive way out. Call us today and get your First Free Legal Consultation!