Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your restraining orders case. Restraining Orders in California is prosecuted under California Penal Code §136.2 (criminal protective orders) and Family Code §6200 et seq. (domestic violence restraining orders). All Berkeley cases are heard at the Alameda County courthouses in Downtown Oakland. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is restraining orders under California law?

Berkeley Restraining Order Lawyer — Morris Law

California has two main types of restraining orders in criminal cases: Criminal Protective Orders under Penal Code §136.2 (issued by the criminal court during a criminal case) and Domestic Violence Restraining Orders under Family Code §§6200 et seq. (issued by Family Court on request of the alleged victim). Violation of either is a separate crime under Penal Code §273.6.

Penalties for restraining orders in California

Below are the specific penalties Morris Law sees for restraining orders cases in Alameda County:

  • PC §273.6 violation of restraining order: misdemeanor up to 1 year county jail; felony if violation involves violence or repeated violations
  • Firearm surrender required under PC §29825 and Family Code §6389 while order is in effect
  • 10-year firearm ban after criminal conviction (PC §29805)
  • Lifetime federal firearm ban after DV misdemeanor (18 U.S.C. §922(g)(9))
  • Child custody presumption against you under Family Code §3044 if the order arises from DV
  • Housing displacement — protected party often retains the residence

Collateral consequences — professional licensing, immigration status, firearm rights — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends restraining orders cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in restraining orders cases:

  • Contest the criminal protective order (CPO) at issuance — the prosecution must show good cause; we present competing evidence at the CPO hearing.
  • Challenge the underlying domestic violence charge — if the DV case is defeated, the CPO usually dissolves.
  • Contest the Domestic Violence Restraining Order (DVRO) at Family Court — present witnesses, records, and challenge the alleged incidents.
  • Modify or dissolve existing orders through motion under Family Code §6345.
  • Emergency ex parte modifications when circumstances change (custody, employment, housing).
  • Peaceful contact modifications — many CPOs can be modified from ‘no contact’ to ‘peaceful contact’ with agreement or motion.

What to do if you are arrested for restraining orders in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries, damage, or torn clothing. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record what happened while events are fresh.

Why Berkeley residents choose Morris Law for restraining orders defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients in the exact courthouses where Berkeley cases go.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment litigation. Obama Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Berkeley office at 2025 Rose St #200. Serves Berkeley, Albany, El Cerrito, Kensington, Emeryville.
  • 24/7 phone access at (510) 350-3225.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How restraining orders cases move through Alameda County

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Restraining Orders defense — Frequently Asked Questions

What is the difference between a criminal protective order and a DVRO?

A Criminal Protective Order (PC §136.2) is issued by the criminal court during a pending criminal case and expires when the criminal case ends unless extended. A Domestic Violence Restraining Order (Family Code §§6200 et seq.) is issued by Family Court on the alleged victim’s request and can last up to 5 years, renewable. Violation of either is a crime under PC §273.6.

Can a Berkeley restraining order affect my job and housing?

Yes. Firearm surrender is mandatory. If your job requires a firearm (law enforcement, security, military), the order can end your employment. If the protected party retains the residence, you must find alternative housing. Custody arrangements can also change immediately.

Can I contest a Berkeley DVRO?

Yes. You have the right to appear at the DVRO hearing (usually 21 days after the ex parte order), cross-examine witnesses, present your own evidence, and have counsel. Many DVROs are dissolved or modified after a contested hearing when the alleged victim’s testimony is impeached or contradictory evidence emerges.

Where do Berkeley criminal cases go to court?

Berkeley cases go to the Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St, Oakland). Felonies go to the René C. Davidson Courthouse (1225 Fallon St, Oakland). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a Berkeley criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 350-3225. If a family member has been booked at Berkeley Police Department or transferred to Santa Rita Jail, we can arrange contact within hours.

Get a free restraining orders case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or use our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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