Los Angeles Restraining Order Defense Lawyer
Understanding the legal terms is crucial. Restraining orders, also known as protective orders, no-contact orders, and stay-away orders, are issued by the courts when it's determined that a person must not have contact with another person or persons.
If someone, a spouse, partner, co-worker, neighbor, classmate, roommate, etc., has inflicted injury on another, threatened to do so, stalked, harassed, or annoyed another, one of these legal orders can be issued, restricting contact.
In a domestic violence case, for example, a husband or live-in boyfriend may have intentionally physically hurt his wife or girlfriend. Or perhaps a neighbor who is disputing property rights has made criminal threats. Aggravated trespassing is defined under Penal Code 601 PC.
Whatever the reason, you must pay attention when a restraining order has been issued against you. Contacting a criminal defense attorney in Los Angeles would be wise, as restraining orders can be severe, especially if you violate them. We can help minimize the penalties for you and possibly even have the order changed or removed if issued unfairly.
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. The process involves filling out the form, providing evidence of the alleged abuse, and appearing before a judge for a hearing. Understanding this process can help you navigate the legal system more effectively.
Penalties for Violations
While restraining orders are not a serious felony charge, violating one can have severe consequences. You could face a misdemeanor charge, potentially resulting in up to a year in jail and a fine of up to $1,000.00.
If the protected person is injured during the violation, the fine increases to $2000.00. The severity of the consequences is clear: one could face up to one year in jail and serve at least 30 days behind bars.
If you violate a restraining order twice or more within a year, the courts can now charge you with a felony. If, for instance, you violated the restraining order twice and someone was injured, the penalty would be six months to one year in jail and fines of up to $ 2,000.00 in cases where the violation was charged as a misdemeanor. If the case is prosecuted as a felony, the jail time can increase to two to three years.
Being charged for violating a restraining order involves three key factors that must be demonstrated:
- The order itself has to be valid. There are certain circumstances where a restraining order is impossible to abide by. For example, you might be ordered to stay at least 100 yards away from your neighbor, but you must use a shared pathway to access your house. This order should not have been granted, as you can't obey it. Alternatively, the court that issued the order may have lacked proper jurisdiction.
- You knew there was a restraining order against you. By law, you must be notified that an order is issued against you. You can't be charged with violating it if you don't know about it. For example, it would have to be proven that it was improperly addressed or handed in person by mistake to someone other than the intended recipient. Or you may not have been in court when the judge granted it.
- Your violation was intentional. For example, if you have been ordered to have no contact with your spouse but run into them at the grocery store, a good defense could take action to show that the violation was unintentional. However, if you deliberately follow them around the store or initiate a conversation, that could be considered an intentional violation.
Why You Need a Defense Lawyer
Defending against a violation of a restraining order can be a complex process. The attorneys at our firm can significantly help you maneuver through the system and take action to protect you or cancel a restraining order.
Our role is to ensure that your rights are protected, to challenge the validity of the order if necessary, and to provide a strong defense in court. After someone is arrested for domestic violence, the criminal court process is stressful, emotional, confusing, and often will frequently divides family unity, a concern we understand and empathize with.
It's crucial to understand that a restraining order can have long-term consequences. Beyond the immediate penalties of jail time and fines, a restraining order will become a permanent mark on your record, potentially affecting your future employment opportunities, firearm ownership, school admission, and more. The impact of a restraining order is not just immediate but can have lasting effects on your life.
This could affect your future employment opportunities, firearm ownership, school admission, and more. The impact of a restraining order is not just immediate but can have lasting effects on your life. This realization will help you understand the full extent of the consequences and the importance of seeking legal help.
It's crucial to understand the potential long-term consequences of a restraining order, as it can become a permanent mark on your record, potentially affecting your future in significant ways. The gravity of these potential long-term consequences cannot be overstated; it's essential to consider them when dealing with a restraining order. This understanding will help you recognize the seriousness of the situation and the necessity for prompt legal action.
Contact our firm, Cron, Israels & Stark. We can analyze the circumstances of your case and advise you on your best course of action. With our extensive experience and knowledge, we know how to resolve these issues for our clients. We urge you to contact us immediately for the guidance and reassurance you need. Our team's expertise and experience will give you the confidence that your case is in good hands, providing you with a sense of security and support during this challenging time.
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