Domestic Violence Protective Orders in Los Angeles
When there has been an incident of domestic violence, threat of violence, stalking, harassment, assault, burglary, annoying phone calls, rape, trespassing, or vandalism, the courts can issue a protective order against the accused.
These orders, also known as restraining orders, stay-away orders, and no-contact orders, are typically obtained through a court process. The process involves filing a petition, attending a hearing, and presenting evidence of the need for protection.
Once issued, the order is intended to protect the victim from the accused inflicting further harm, threats, or injury. It will specifically lay out what the restrictions are that the defendant must adhere to.
It usually specifies that he cannot have any contact with the victim. It can also include restricting contact with others, such as the victim's family members, even though the defendant didn't commit any crime or threaten to commit a crime against them. Aggravated trespassing is defined under Penal Code 601 PC.
Protective orders should not be taken lightly. If you have been served with a protective order, you should consult a criminal defense attorney. Getting a criminal protective order removed can be a complicated court process, and you should have an attorney who is proficient in this area of criminal law to help you. In California, protective orders are of three types:
Emergency Protective Orders
An emergency protective order is issued at the time of arrest. It is valid until the arrested offender appears in court for the first time for arraignment, usually within five to seven days. These are commonly issued when the defendant is arrested for domestic violence, stalking, or making other criminal threats. The order prohibits the defendant from having any contact with the person protected by the order.
Stay Away Order
If the charge is domestic abuse, this type of order is issued at arraignment. It is in force during the whole period in which the court case is in process on the criminal domestic abuse case.
These orders can be in force for up to three years. If the defendant is convicted of the charge, he or she will have some combination of fines to pay as well as possible jail time, mandated counseling, and probation. The stay-away order is in effect until the defendant has completed probation.
Temporary Restraining Order
A victim of domestic abuse can petition the court to issue a temporary restraining order. This can be done even if the victim did not file a report with the police, although it is common for the victim to file a police report and request a temporary restraining order as well.
In addition to these types of protective orders, there can also be Civil Harassment Restraining Orders. Where domestic abuse cases deal mainly with married or cohabiting people or their families, these orders deal with non-intimate people, such as neighbors, co-workers, etc.
These are issued when a victim can show they suffered violence, threat of violence, or some conduct that alarmed or harassed them, and that the threatening behavior was not justifiable.
The DV-110 form, also known as the "Temporary Restraining Order," is typically issued when a family member, spouse, cohabitant, or partner files a request with the court to allege domestic abuse.
Under California Penal Code Section 18100, people can petition the court to issue a Gun Violence Restraining Order (GVRO).
Consequences of Violating Protective Orders
A protective order is not a criminal charge as such, but it can quickly become a serious problem if the terms of the order are violated. Violations under Penal Code 273.6 PC can result in a misdemeanor charge, which can mean jail time.
Additionally, a violation can lead to further restrictions, such as extended probation or additional fines. It's crucial to understand the gravity of these consequences and act accordingly to avoid them.
Even if the person who requested the order now says it is not a problem for the offender to make contact, it is still enforceable by the police.
Also, if a potential employer or education institution did a records check, a protective order would show up, which could preclude you from getting a job or being admitted to school.
This highlights the lasting effects of a protective order and the potential impact on your future opportunities, underscoring the importance of adhering to the order.
If you have a protective order issued against you, it is crucial to consult a criminal defense attorney in Los Angeles to help you navigate the legal process.
California Penal Code 29810 PC requires certain individuals who are prohibited from possessing firearms to relinquish, surrender, sell, or transfer their firearms in compliance with the law.
The attorneys at our firm, Cron, Israels & Stark, will aggressively investigate the facts, fight to protect your rights, and seek to have the order canceled. You don't have to face this alone. Call us to review your case and ensure you have the best legal representation, providing you with the support and guidance you need during this challenging time.