Have You Been Arrested For Domestic Violence?

When a domestic violence arrest is made, police customarily ask the alleged victim if he or she wants to file an emergency protective order, which prohibits the arrested person from contacting or communicating with the complainant. An emergency protective order is valid for five to seven days from the date issued. It is intended to be valid until the person arrested appears in court.

The alleged victim also may ask the court to issue a temporary restraining order (TRO) or a stay away order, which will be valid as long as the case is pending unless modified or extinguished. TROs can be turned into permanent restraining orders that last up to three years.

If you are officially notified that a restraining order has been filed against you, it is essential to file a formal answer with the court. This is your opportunity to respond to the alleged victim's claims. At the hearing, the judge will consider the answer when deciding whether to cancel the restraining order, change the terms or issue a permanent restraining order.

Let Us Build Your Defense

At The Law Offices of Frederick R. Remer in Hayward, California, we provide comprehensive legal counsel for domestic violence charges, including representation for individuals at restraining order hearings.

The truth is many domestic violence arrests stem from arguments that escalate out of control, but in which actual domestic violence does not occur. There are more arrests for domestic violence in California than any other crime, except for DUI. Often in these cases, felony charges are reduced to misdemeanor charges or dropped completely, but you need the guidance of an experienced domestic violence defense attorney.

We have found that testimony given to police who respond to a report of domestic violence is often inflated. We frequently get a more accurate version of what occurred several days later when we speak with the alleged victim.

If you are arrested for domestic violence in Hayward, California, it is critical to secure legal counsel from an attorney who is highly qualified and has experience defending domestic violence cases. Call us at 510-342-5539 or use our contact form to schedule a free consultation with our lawyer. We will review the facts of your case and recommend the best steps to take.