When a person faces domestic violence or stalking charges in California, the prosecuting attorney may petition for a Criminal Protective Order. This is a temporary restraining order that lasts during the period of time in which the case is pending.
These orders are often issued as a result of threats to hurt, intimidate, or dissuade the victim from testifying or pressing charges. They are also used to ensure the integrity of crime scene investigations and testimony in the courtroom.
Protected Persons
A criminal protective order in California protects an individual from certain acts of violence, harassment, threats or stalking. The order usually stops a person from making contact with the victim, their children and their property, including their home, work place or school.
Stalking is a form of abuse that instills fear in the victim, even if there is no physical harm. It is common for people to get a protective order against people who stalk them.
Domestic violence, sexual abuse and elder/dependent adult abuse are other types of cases that lead to an emergency protective order. These orders are valid until the defendant has appeared in court at arraignment, usually within five to seven days.
A violation of a protective order is an offense under California Penal Code 273.6. It can be charged as a misdemeanor or felony depending on the facts of your case. Violators may be sentenced to a year in jail, a fine of up to $1,000 or both.
Violations
If you violate a court order, such as a protective or restraining order, it can result in criminal charges. This is a misdemeanor, and you could face jail time and fines.
In California, a criminal protective order is considered to be an unlawful restraint on your freedoms. You are not allowed to have contact with the person who has filed for this protection.
It can also stop you from obtaining employment or going to school. It can also appear on your record, which is bad if you want to get married or have children in the future.
This is why it’s important to hire an experienced lawyer who understands these laws and how they can affect you. We can help you avoid the consequences of a violation by making sure that your case is handled correctly from start to finish. Call us at MRD Lawyers today to discuss your situation with a Los Angeles protective order attorney.
Petitioning for Modification
If you are convicted of a criminal offense and the judge issues a protective order, you can petition for the court to modify or dismiss that order. This can be done with the help of a criminal defense attorney.
If your petition is successful, you will need to serve the defendant with a copy of your motion. You may need to pay a process server or sheriff to do this.
The judge will then hold a hearing to decide whether to rescind or change your protection order. They will ask questions of you, the defendant and the prosecutor to ensure that your safety is not jeopardized.
In most cases, the prosecution will not agree to rescind your protective order. They will likely argue that if you are granted the rescission, you and your family will be put in danger. They will also question you and your lawyer about why you want to rescind the protection order.
Enforcement
California uses a variety of enforcement tools to enforce protective orders. They include restraining orders, no-contact orders, and peace orders.
These orders can have significant consequences if a person violates them. They can result in misdemeanor convictions, fines, and jail time.
They can also affect a person’s ability to get a job, obtain an education, or even live in the same house. If a restraining order is in place, it may appear on a national database called CLETS that can be accessed by police and other law enforcement officials.
These are a very useful tool to help prevent the harm and danger of domestic violence and sexual assault, but they can be extremely restrictive. In fact, the protective orders issued in these cases last a very long time, often ten years or more.
