If you have a protective order, also known as a restraining order, against you, you may have many questions. You may be wondering what is considered a violation of the order, how long the order will last, what happens if you do violate it, and should you hire an attorney. No matter your questions or your situation, our Orange County restraining order lawyers are here to help defend you against accusations of a violation and any other domestic violence issue.
A restraining order is a legal order issued by a judge. Each order has its own terms and conditions and can be emergency, temporary, or permanent. The purpose of these actions is to protect someone from physical abuse, harassment, stalking, or threats. Each order is specific as to exactly what type of behaviors are prohibited and generally restricts the other party from any type of contact with the person under protection.
Contact is usually defined by:
Emergency protective orders are issued in an emergency situation. Due to their nature, they are generally requested by police officers upon responding to a call for domestic violence. If someone is in immediate danger, the officer can call a judge to issue an emergency order. These orders are good for up to seven days. After that, the victim needs to request further action from a judge as needed.
Orange County temporary restraining orders can last for approximately two or three weeks. They can be issued by a judge when an emergency order has expired or if the victim is being harassed. Prior to the expiration of a temporary order, usually, the court will have a hearing to determine if a permanent order needs to be issued.
Permanent restraining orders are not issued until a hearing has taken place. During this hearing, both the victim and the person whom the order is against will have the opportunity to speak to the judge. It is best to have your local attorneys present at this restraining order hearing.
The judge will then decide if a permanent order needs to be issued, and if so, what types of terms and conditions the order should include. At this time, the judge can also issue other orders such as moving out of the family home or paying for the victim’s court costs in relation to the order. Permanent orders can last for about three years although they can be extended if needed.
If you desire to contest a restraining order, you need Orange County’s leading domestic violence law firm of Marlin Stapleton Jr. and Scott D. Henry on your side. With over 30 years of combined experience, Mr. Stapleton, and Mr. Henry know how to best get a restraining order request dismissed. They are familiar with the appropriate legal arguments that can be used and how to convince a judge that the requested order is unnecessary.
As per Penal Code 273.6 PC, it is a crime to intentionally violate a restraining order in the State of California. Although there are many different ways that a restraining or protective order can be violated, examples of such a violation can include:
If there has a restraining order issued against you, not adhering to its terms and conditions can lead to a charge of contempt of court by not obeying the order. In order to be convicted of such actions, the following facts must be proven by the prosecutor:
Depending on your specific circumstance, there are several defenses that our Orange County lawyers can use if you have been accused of violating a protective order. These include:
Mr. Stapleton and Mr. Henry could personally and carefully examine all of the evidence and details of your restraining order violation case in order to determine the best defenses to use. Their goal is to get the charges against you dropped.
Even if you have not violated a protective order, but know there is one in place against you, it is wise to contact our qualified attorneys in order to make sure there are grounds for such an order to be in place and that it is legitimate. It is better to nip legal problems in the bud by doing this than to fight a contempt of court charge if it all possible.
Penalties for violating a protective order can vary. Dependent upon whether you have violated the order previously or if the victim suffered from physical injuries, you may see steeper penalties. If convicted of a felony for violating such an order you could face as many as three years in the California state prison whereas if you are convicted of a misdemeanor you could be sentenced to one year in county jail. Additional penalties could include:
If you are facing any type of domestic violence charge or protective order, it’s time to call an Orange County restraining order lawyer who has the experience and knowledge to provide you with the best representation. This significantly increases your chances of a positive outcome.
We can provide you with such a criminal defense attorney. Mr. Stapleton is known throughout the area’s legal system for winning cases that are deemed “unwinnable.” Mr. Henry is known for being personable, aggressive in his defenses, and knowledgeable. If you are facing criminal charges, including those for domestic violence or violating a restraining order, look no further than our team.