Lack of Knowledge of the Restraining Order
One common defense is that the accused was unaware of the restraining order. For a violation to occur, the accused must have known about the order and intentionally violated its terms. Summit Defense can argue that you were not adequately served with the order. We could also claim that the terms of the restraining order were unclear.
Proving a lack of knowledge can be challenging but possible. Our attorneys will investigate the circumstances surrounding the issuance and service of the restraining order. If we can demonstrate that you were unaware of the order, it could lead to a dismissal of the charges.
Unintentional Violation
Another defense is that the violation was unintentional. This could happen if you accidentally contact the protected person without realizing it. Summit Defense can present evidence showing that the encounter was accidental and that you took steps to avoid further violations.
Unintentional violations require a careful examination of the facts and circumstances. Our team will work to gather evidence that supports your version of events, such as witness statements or location data. We aim to achieve a favorable outcome in your case by demonstrating that the violation was not deliberate.
The Legal Process Following a Restraining Order Violation
The legal process can seem overwhelming when you're accused of violating a restraining order. Summit Defense guides you through each step, ensuring you understand your rights and options.
- Arrest and Booking: If the police believe you've violated a restraining order, you may be arrested and booked into jail. You have the right to remain silent and the right to an attorney.
- Arraignment: The charges against you will be read at your arraignment, and you can enter a plea. Summit Defense can represent you at this hearing and advise you on the best plea to enter.
- Bail Hearing: Depending on the circumstances, we may request a bail hearing to seek your release from custody while your case is pending. We'll argue for reasonable bail conditions based on your situation.
- Pre-Trial Motions: We may file motions to dismiss the charges or suppress evidence if your rights were violated during the arrest or investigation. This stage is crucial for shaping the direction of your case.
- Trial: If your case goes to trial, we'll present a strong defense on your behalf, challenging the prosecution's evidence and arguing for your acquittal. Our trial experience is a critical asset in these situations.
- Sentencing: If you're found guilty, we'll advocate for leniency during sentencing, emphasizing mitigating factors and arguing against harsh penalties.
- Appeal: Should the trial's outcome be unfavorable, we can evaluate the possibility of an appeal. The goal is to overturn the conviction or reduce the sentence.
The legal process can be complex, but Summit Defense is with you at every step. We're committed to providing the best possible defense and achieving a positive outcome for your case.
Why Summit Defense is Your Best Choice for Restraining Order Violation Defense
Choosing Summit Defense means getting a team of experienced lawyers to defend those accused of restraining order violations. We understand the stakes and work tirelessly to protect your rights and your future. Our comprehensive approach to defense has helped countless clients navigate these challenging legal waters.
Our attorneys are not only knowledgeable about California law but are also skilled negotiators and litigators. We believe in a proactive defense, addressing potential issues before they become problems. With Summit Defense, you have a powerful advocate on your side.
Experienced Defense Against Violation Charges
Summit Defense brings years of experience with a deep understanding of the complexities of restraining order violation cases. Our team has successfully defended clients in various scenarios, from simple misunderstandings to more complex legal battles.
We're familiar with the courts and judges in San Jose and Santa Clara County, which can be advantageous in your case. Our experience allows us to anticipate and counter the prosecution's strategies effectively. Trust Summit Defense to provide the experienced defense you need.
Tailored Defense Strategies for Your Case
- Thorough Investigation: We start by conducting a thorough investigation into the circumstances of the alleged violation. Gathering evidence early on can be crucial for your defense.
- Expert Witnesses: In some cases, we may use expert witnesses to challenge the prosecution's claims or to provide context for your actions. This can include psychologists, social workers, or other professionals.
- Negotiation Skills: Our attorneys are skilled negotiators who often resolve cases without going to trial. We'll work to negotiate the best possible outcome, whether that means reduced charges or alternative sentencing options.
- Legal Knowledge: Our deep knowledge of restraining order laws and defenses allows us to identify the best legal arguments for your case. We stay current on legal changes and precedents that could benefit you.
- Personalized Attention: Every client receives personalized attention from our team. We understand that your case is unique. Therefore, we tailor our strategy to meet your specific needs and goals.
Preventative Measures Against Restraining Order Violations
Understanding the Order: The first step in preventing a violation is fully understanding the restraining order's terms. We can help clarify any confusing aspects, ensuring you know what is and isn't allowed.- Avoiding Contact: It's crucial to avoid any contact with the protected person, even if they initiate it. We recommend taking proactive steps to prevent accidental encounters, such as changing routines or avoiding specific locations.
- Documenting Interactions: If you inadvertently contact the protected person, document the encounter. This includes noting the date, time, location, and witnesses. This information can be valuable for your defense.
- Seeking Modifications: If the terms of the restraining order are unreasonable or overly restrictive, we can help you petition the court for modifications. This is especially relevant if circumstances have changed since the order was issued.
- Compliance with Court Orders: Adhering to all court orders, not just the restraining order, is essential. This includes attending all court hearings and following any conditions the court sets. We can guide you through this process, ensuring you stay in compliance.
When facing a restraining order violation charge in San Jose, it can feel like you're up against an enormous challenge. The law takes these violations seriously, and so does Summit Defense. Our team of dedicated lawyers specializes in defending those accused of violating restraining orders. We understand the nuances of California law and are here to protect your rights and future.
There are several defenses available for those accused of violating a restraining order. The appropriate defense strategy depends on the specifics of your case and the evidence against you. Summit Defense is skilled in identifying the most effective defense approach, whether challenging the evidence or arguing for mitigating circumstances.
If facing a restraining order violation charge in San Jose, don't wait to seek legal help. Summit Defense offers experienced, aggressive defense for individuals in your situation. 
