One aspect that is unique to domestic violence cases in Los Angeles is the court issuing a criminal protective order against a defendant. Suppose you were charged or convicted of a domestic violence-related crime. In that case, you will usually be subjected to a protective order prohibiting contacting the victim for a specified time.
When you appear in court for your arraignment on domestic violence, you will be served with a copy of the protective order, and the terms are read to ensure you understand them. Protective orders frequently create severe hardship for families because:
- a spouse can't contact the protected party family members;
- no text messages, email, or electronic communication.
It should be noted, however, that there are situations in which the judge will allow peaceful contact between family members.
Suppose you are convicted of domestic violence and placed on probation. In that case, the criminal court judge must issue a protective order as a condition of probation as described under California Penal Code 1203.097 PC.
Violating the terms of a protective order can lead to a probation violation with severe penalties. This often prompts questions from protected persons about modifying or terminating the order.
Thus, this article will address requesting a modification of a criminal protective order in a California domestic violence case. Our Los Angeles criminal defense lawyers provide a detailed review below.
What is a Full Stay-Away and No-Contact Protective Order?
The most common and harsh type of criminal protective order is a full stay-away and complete no-contact order. This type of protective order prohibits the defendant from:
- contact of any form with the protected persons, including;
The most common and severe form of a criminal protective order is a full stay-away order prohibiting any type of contact. - alleged victim of domestic violence;
- minor children who may have witnessed domestic violence.
Once a defendant appears in court for the first time on a domestic violence allegation, the judge will have no feedback from the victim or defense lawyer, so they will typically issue a complete stay-away order.
This type of protective order mandates significant changes in a defendant's life. For example, they might have to move out of their own home and won't have access to their children.
Further, this could cause them to spend a significant amount of money on moving into a new home.
Given the significant impact of a protective order, it's not uncommon for a defendant to request a modification. This process involves a formal request to the court, which will then evaluate the circumstances and make a decision.
Will the Court Modify the Terms of a Protective Order?
It's not uncommon for the named protected person to seek changes in the protective order to have contact with the defendant. The most common reasons to seek a modification include:
- attempt to reconcile their relationship;
- have peaceful contact, allowing the defendant to spend time with the children.
A common reason the criminal court judge will modify a criminal protective order is when a family law or dependency court issues a visitation and custody order.
These courts specialize in family reunification and are more aware of the details of an alleged abusive relationship than the criminal court.
This means a criminal court judge will typically defer to the judgment of family or dependency courts on the issue of peaceful contact, providing reassurance that the legal system understands and considers the complexities of domestic violence cases.
The criminal protective order forms that the court uses actually have a box that can be checked for this purpose, and it's a pretty common request from domestic violence defendants. You are not alone in seeking this type of modification.
What is a Peaceful Contact Order?
There are cases when the alleged victim wants to seek a less restrictive protective order known as a “peaceful contact order.”
This type of domestic violence criminal protective order will allow a defendant to have any amount of contact they want with the victim as long as it's peaceful, which means they can't do any of the following:
- strike,
- harass,
- assault,
- stalk,
- molest,
- make threats of harm.
Any threats against the victim communicated through a third party by the defendant violate a peaceful contact order.
Can the Prosecutor Request Modification of a Protective Order?
If the circumstances warrant, the prosecutor can also seek changes to a protective order. This typically occurs when the court initially imposes a less restrictive order, such as a peaceful contact order.
This would normally occur when the court imposes a more lenient criminal protective order against a defendant, such as a peaceful contact order.
In most cases where a prosecutor will seek modification, it will involve allegations that the defendant:
- violated the terms of the current protective order or;
- engaged in other conduct that justifies increasing the level of restriction.
After the court receives such a request from the prosecution, they will closely evaluate the details to decide. If the judge finds it necessary, they will increase the level of restriction in the protective order to a:
- full stay-away, or;
- no-contact order.
Violating a domestic violence criminal protective order is a separate crime, typically prosecuted as a misdemeanor offense, but also a violation of the bail conditions.
In a felony case of domestic violence, the defendant will usually be required to post $50,000 or more in cash bail to get released from custody.
If bail is revoked for violating a criminal protective order, the judge will significantly increase the bail amount.
Call Our Law Firm for Help With a Protective Order
If you want to change or terminate a protective order, both parties must return to court for the judge to formally change the terms.
If you are on probation, the judge will typically ask the protected party questions to ensure they aren't forced to change the order.
If you or a family member is facing domestic violence charges and likely to be subjected to a criminal protective order issued by the court, call our experienced Los Angeles criminal defense lawyers to review the details of the case.
We have a record of success representing both defendants and victims in issues dealing with domestic violence criminal protective orders.
Cron, Israels & Stark is a top-ranked criminal law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. Contact our firm for a free case evaluation at (424) 372-3112.
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