San Jose Restraining Order Lawyer – San Jose Domestic Violence Lawyer

When situations arise in which an individual makes another individual feel threatened or unsafe, that individual can typically just be ignored. However, in other cases, these people can continue to harass or even abuse victims. In cases like these, it may be wise to pursue a restraining order to keep you and your loved ones safe from the individual perpetrating the harassing or threatening behavior. In these situations, a San Jose restraining order lawyer can be essential.

On the other side of the coin, an individual may be accused of domestic violence and have a restraining order filed against them. In these cases, an attorney from the Law Offices of Rod Firoozye can assist you in defending against any false allegations. Many times, false allegations of domestic violence can arise in child custody or other family law battles to try to influence the court’s decision one way or another. Our San Jose domestic violence lawyers can help.

Types of Restraining Orders Available

In California, there are two main forms of restraining orders that are recognized by the legal system. These are:

• Domestic violence restraining orders. Also known as DVROs, these are issued in situations where there is a close relationship between the parties involved in the order, such as former spouses or partners. These orders can also include stay-away orders from the protected individual, orders not to contact the protected individual, or orders to move out of a shared place of residency.
• Civil harassment restraining orders. These orders are issued in situations where there is no close relationship between the involved parties but in cases where one individual is stalking, harassing, or threatening the other. These riders often apply to situations involving roommates, neighbors, or distant relatives. They can include similar stipulations to those of DVROs, such as stay-away or no-contact orders.

The Law Offices of Rod Firoozye: Helping You Obtain Domestic Violence Restraining Orders

Domestic Violence can have a severe impact on a Party and other Family members. California Law has recognized the need for victims to obtain proper assistance through the Courts and provided a mechanism for obtaining help for the victim and other family members. Victims of domestic violence also can have additional rights, such as the right to have exclusive possession of a home or sole custody of the children due to a domestic violence matter.

We have extensive assistance providing assistance to victims of domestic violence and offering them options and assistance in obtaining a Temporary Restraining Order or other services that they may have a right to as a victim.

The Law Offices of Rod Firoozye: Defending Against Domestic Violence Restraining Orders

Sometimes a Party is wrongfully prosecuted for domestic violence and may be faced with a Temporary Restraining Order. Having a restraining order in place can not only limit a party’s rights, but may have an impact on their employment.

If you believe that your rights are wrongfully charged, or wish to limit the impact of a restraining order, we have experience in representing clients in such matters and obtaining the best outcome possible.

Common Defenses Against a Restraining Order

Depending on the circumstances of the restraining order filed against you, there can be several defenses used in a courtroom situation. These can include:

• False allegations. This is the most common defense, and one can argue that the person who is seeking the order is making up their claim or has exaggerated the situation.
• No threat or harm. Another common defense is to show that you were never actually harming or threatening the individual, especially in cases where there is no evidence supporting the claim of the individual filing for the restraining order.
• No contact or threats were made. You can also possibly argue that you did not have any contact or use any threats against the individual who is filing for the restraining order. If you can present evidence against their case, you can defend against the order.
• First Amendment rights. In certain cases, you may be able to demonstrate that your actions were done under the protection of the First Amendment right to free speech.

Obtaining or Defending Civil Restraining Orders

Parties may need to obtain other forms of restraining orders, such as a property restraining order, where one party believes the other may leave the State or Country with their community funds.

A party may also want to abduct the Parties children and escape to another country.

People who are not married may require the assistance of obtaining a restraining order against another party due to harassment or other threatening behavior.

We here at the Law offices of Rod Firoozye have extensive experience obtaining or defending against various civil restraining orders.

Speak With a San Jose Domestic Violence Attorney Today

While a restraining order can legally protect you and your loved ones, they are not always perfectly secure, and you may need to take extra steps to ensure your safety. A restraining order attorney from the Law Offices of Rod Firoozye can help. Likewise, if you are facing false allegations of domestic violence in family matters and dealing with a possible restraining order, we can assist in your defense. Contact our offices today for more information.