Domestic Violence Restraining Order (Emergency Protective Order)
When the police arrest someone for domestic violence, such as domestic battery or criminal threats, the police usually serve the arrested person with an “emergency protective order”, which is essentially a domestic violence restraining order. This emergency protective order or temporary domestic violence restraining order will only last until the defendant’s arraignment in the Orange County Superior Court. If the defendant’s Orange County domestic violence lawyer can persuade the District Attorney (DA) not to file charges at the arraignment, then the restraining order expires and automatically “goes away”.
The terms of the domestic violence restraining order (emergency protective order) are listed right on the order. Typically, the restraining order will restrict the defendant from coming within a certain distance of the protected person, their home, their work, and even their car. Moreover, the order will command the defendant not to have “any contact” with the protected person, even if the contact is through a third person. This includes attempting to contact the protected person through friends and family members. In fact, when such a domestic violence restraining order is in place, the only legal way for a defendant to contact the protected person is through their Westminster domestic violence lawyer.
In cases of domestic violence, such as corporal injury, the defendant must attend the arraignment (first court appearance) so that the court can serve them with another domestic violence restraining order (emergency protective order) that will last until their San Clemente domestic violence lawyer can resolve their case.
The Punishment For Violating A Domestic Violence Restraining Order
Any domestic violence attorney in Irvine knows that the heavy restrictions of a domestic violence protective order (emergency protective order) make a hazardous landscape for a domestic violence defendant, especially for those who living with and/or raising children with the protected person. Something as trivial as a text message about day-to-day matters constitutes a violation of a domestic violence protective order. Pursuant to Penal Code Section 273.6, violation of a domestic violence restraining order (emergency protective order) is a misdemeanor punishable by up to one year in the Orange County jail. If the defendant has a prior domestic violence conviction within the past seven years, then the current violation of a domestic violence protective order could be filed by the Orange County District Attorney as either a misdemeanor or a felony, punishable by up to three years in the state prison. The charge is a “wobbler” meaning that it is up to the DA to decide whether to file the charge as a misdemeanor of felony. If the defendant is convicted of domestic violence, then, over the defendant’s Mission Viejo domestic violence lawyer, the court can issue a new “permanent” domestic violence restraining order lasting up to ten years.
Modifying A Domestic Violence Restraining Order
The terms of the order can be modified if the protected person wishes. For example, if a husband and wife want to reconcile, the defendant’s Huntington Beach domestic violence lawyer can petition the court to allow for “peaceful contact” between the parties. If the protected person agrees, the court can grant this request. However, the court will often require the protected person to attend “personal empowerment” classes before granting the request. Other modifications can be made at the judge’s discretion depending on the wishes of the protected person and the persuasiveness of the defendant’s Newport Beach domestic violence attorney.
Free Telephonic Consultation With An Experienced Orange County Domestic Violence Attorney
For a free telephonic consultation with a skilled domestic violence attorney, call The Law Office of EJ Stopyro at (949) 559-5500. Our main office is at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675, but we have meeting offices throughout Orange County.