San Jose Lawyer — Domestic Violence Victim and Restraining Order Services
Filing a Restraining Order in California
At the Law Offices of Sandra J. McManus, we help victims of domestic violence explore their legal options to protect themselves and their families. We also defend individuals who have been accused of domestic violence in family court.
Contact our firm in San Jose today to schedule a free 30-minute consultation. Call (408) 293-6383.
Types of Restraining Orders in California
- Civil restraining orders are enforceable by police but they do not result in the immediate arrest of the party who may have violated the order. A person who violates a temporary restraining order may be punished by contempt of court.
- Domestic violence restraining orders are enforceable by the police. An individual who is found to be in violation of a domestic violence restraining order can be arrested immediately.
- Civil harassment orders protect a victim from an individual whom they may or may not have a relationship with: a family member, coworker, or other acquaintance.
- Temporary restraining orders are generally valid for three weeks, until you appear in court. During this time, a victim can discuss options with their lawyer for protection beyond this time frame.
There are other types of restraining orders in California, each providing different levels of protection to individuals in a variety of relationships. Our firm can explain additional options based on your specific needs.
Domestic Violence Defense
A domestic violence conviction can have far-reaching effects, especially if you have children. If you have been accused of domestic violence, talk to a lawyer as soon as possible. Defending domestic violence allegations is critically important regardless of guilt when it comes to custody and visitation of children.
Attorney Sandra McManus will help you explore all of your legal options if you have been charged with domestic violence. It may be possible to negotiate a lesser penalty, such as a civil restraining order. Attorney McManus can represent you in family court proceedings. However if you have found yourself being prosecuted criminally, she can refer you to a criminal defense attorney.