Domestic Violence
Restraining Orders

Lifting a Domestic Violence Restraining Order

When a domestic violence arrest is made, law enforcement is required to ask the alleged victim if a restraining order is desired. Often they will pressure the victim so that a restraining order is imposed whether or not it is really needed.

Later, police will follow up to determine if there has been contact after the restraining order was imposed. This can potentially expose the accused to additional charges or increased bail.

Summit Defense Attorneys always make it a priority to lift restraining orders as soon as legally possible. A client should not have the exposure of additional criminal charges and the hardship of being out of their own home when the family wishes to reconcile and heal.

Besides being proposed by police at the time of the arrest the restraining order issue often arises again at the first court appearance.

Some judges in Santa Clara, Alameda, Contra Costa and San Mateo Counties will automatically seek to impose a restraining order at the first court appearance. Your Summit Defense Attorney will take steps in advance of court to prevent the imposition of the restraining order as well as to lay the groundwork for the ultimate dismissal of your case. We want our clients to be able to go home and try to work things out so that families and careers are not destroyed.

Call Us Day or Night