California Domestic Violence Attorney
Law Office of Robert Tayac
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2121 North California Blvd. Suite 290 Walnut Creek, California 94596 USA |
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(925) 288-9800
or (800) 901-1888
www.domesticviolencedefense.com
Contact Robert Tayac
Law Firm Overview
Free Consultation
Attorney Robert Tayac has more than fifteen years of experience as a California criminal defense attorney representing clients in domestic abuse cases and restraining order matters in San Francisco and the surrounding Bay Area counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara and Sonoma.
The Law Office of Robert Tayac’s proven approach for a successful defense against domestic violence and spousal abuse charges begins with the implementation of an intelligent defense strategy unique to domestic violence and spousal abuse cases.
This law office specializes in domestic violence cases, including domestic violence defense which is also called domestic battery, spousal abuse, relationship abuse or intimate partner abuse. Additionally, this office represents clients in applying for and responding to applications for personal conduct orders such as applications for Temporary Restraining Orders and applications for No Harassment Orders.
Year this Office was Established: 2000
Languages: English
Practice Areas
Additional Practice Areas: Restraining Orders; Protective Orders.
Practice Areas Description
The Law Office of Robert Tayac offers legal representation on the following areas of practice:- Domestic Violence
Domestic violence is known by several different terms including domestic abuse, spousal abuse, relationship abuse, intimate partner abuse, domestic battery, spousal battery, intimate partner violence and family violence. The terms refer to a single incident or a pattern of abusive behavior or behaviors by one or both partners who are presently or formerly have been involved in a special relationship including marriage, cohabitation or dating. California laws pertaining to domestic violence prohibit several types of conduct directed against a present or former spouse, intimate partner or dating companion whether the relationship be mixed gender or same gender.
- Restraining Orders
Never ignore a civil restraining order, even if you think it was not properly served, was illegally obtained, or based on false information. When a judge issues a temporary restraining order it is illegal to disobey the order. You can be prosecuted for ignoring the restraining order. If you persistently ignore the court’s order by violating the temporary restraining order the judge may impose a permanent restraining order that will last at least three years. Go to the court date on the notice to appear with a domestic violence attorney to represent you. The prosecution can use anything you say in your civil case against you in the criminal case.
- Case Law
Case law is the set of reported (published) decisions of state and federal appellate courts. Appellate courts decide cases which are presented to it when one or both parties to a court case appeal. In a criminal case, the defendant or prosecution may appeal a decision or issue which it believes has been incorrectly decided by a lower court. In California there are two state appellate courts (the California Court of Appeal and California Supreme Court) and one federal court (the United States Supreme Court) to which a party may directly appeal.
- Invasion of Privacy
When the criminal justice system comes to your living room you need a domestic violence attorney to defend you. Even if your arrest was “just a misunderstanding.” Once a defendant is convicted the State of California has the power to come into their home to tell them what to do, and it is going to try to exert that power. When a person is arrested for domestic violence the state has one foot in the door. If you are already on probation for a case beware of discussing the facts of the new case with your probation officer. Insist that you have to talk to a lawyer before you talk to them about it, and you are asserting your constitutional right to remain silent.
- Protective Orders
There are three types of California Protective Orders issued in domestic abuse cases. The first type of Protective Order is an Emergency Protective Order (EPO) issued at the time of the domestic violence arrest. The second type of Protective Order is a Stay Away Order issued at the first court appearance. The third type of Protective Order is a Temporary Restraining Order (TRO) issued by a Judge, Commissioner or other judicial officer in a civil proceeding separate from the domestic violence criminal case.
* Emergency Protective Order
If you have been arrested for domestic battery, criminal threats or stalking in California, you probably have been served with an Emergency Protective Order. An Emergency Protective Order is issued by a Judge, Commissioner, or other judicial officer on the request of a police officer, sheriff's deputy or other law enforcement officer. The Emergency Protective Order restrains the arrested person from having contact or communication with the protected person. The Emergency Protective Order is valid for five (5) to seven (7) days from the date it is issued and is usually valid until the person arrested for domestic battery, criminal threats or stalking has first appeared in court at the Arraignment.
* Stay Away Order
A Stay Away Order is issued at the Arraignment (first court appearance) on the domestic abuse charges. This Protective Order is valid while the court has jurisdiction over the criminal domestic battery case. If a person is convicted of domestic battery, domestic assault or a related charge such as criminal threats or stalking, the court will have jurisdiction over the person who has suffered an arrest for domestic violence until probation has been completed. Probation in a domestic abuse case typically lasts three (3) years from the date of conviction.
* Temporary Restraining Order
A Temporary Restraining Order is a Protective Order requested by the person who has made a domestic abuse complaint. It is not necessary for a domestic battery, domestic assault, criminal threats or stalking report to have been made with the police. However, it is common for a person who has filed a police report to also seek a Temporary Restraining Order. If the person accused of domestic abuse, criminal threats or stalking had been involved in a dating relationship with the complainant at any time in the past, a Domestic Violence Restraining Order may be sought. If the person accused of stalking had not been involved in a dating relationship at any time in the past, a No Harassment Order may be sought.
More Information on Law Office of Robert Tayac
Walnut Creek, CA Domestic Violence LawyersDomestic Abuse Law Firm in Walnut Creek, CA
Walnut Creek, CA Restraining Orders Attorneys
Case Law Attorneys in Walnut Creek, California
Walnut Creek, California Invasion of Privacy Lawyers
Protective Order Law Firm in Walnut Creek, California
Walnut Creek, CA Emergency Protective Order Lawyer
Stay Away Order Attorneys in Walnut Creek, California
Law Office of Robert Tayac Blog
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