Relationships between dating partners or spouses are inherently complex. Arguments are a natural aspect of any intimate relationship, and tensions can arise and prompt both parties to say or do things they don’t mean. However, some arguments escalate quickly and may become physical. While incidents of domestic violence can and do happen, it’s not unheard of for some individuals to make baseless or false accusations of domestic violence, harassment, or stalking against a current or ex-partner. Once the court has issued a criminal protective order against you, it’s essential to abide by the terms outlined in this legal document. Any violation of the criminal protective order may lead to serious consequences, including steep fines, jail time, or both. If you’re facing accusations of violating a domestic violence protective order or another type of protective order, contact a trusted and knowledgeable Los Angeles County criminal defense attorney right away. Your attorney will assess the specific details of your situation and help you identify the most strategic course of action to keep your future as bright as possible.
What Are Criminal Protective Orders?
When a person is charged with domestic violence or a similar offense, the criminal court may issue a protective order to prevent the defendant from contacting, harassing, or stalking the alleged victim. The court may issue the order, or the district attorney may make this request to the court. Under Section 136.2 of the California Penal Code, the court with jurisdiction over a criminal matter may issue a protective order “Upon a good cause belief that harm to, or intimidation or discussion of, a victim or witness has occurred or is reasonably likely to occur.” Essentially, criminal protective orders are designed to prevent or limit contact between the defendant and the accuser while the domestic violence case is pending.
The criminal protective order will list specific behaviors or actions that the defendant is prohibited from taking, such as showing up at the victim’s residence or place of work, threatening them in any way, or communicating with the alleged victim in any way (i.e., in person, by phone, via text or email, on social media, etc.). It’s important to note that prosecutors may request a criminal protective order even in cases where there is no intimate or domestic relationship, such as in instances of alleged elder abuse.
Restraining Orders in Southern California
Those convicted of a criminal offense involving domestic violence, sexual abuse, or other statutes that pertain to harming or threatening another person often find themselves subjected to restraining orders. California Penal Code Section 136.2 (i)(1) states, “When a criminal defendant has been convicted of a crime involving domestic violence…or a crime that requires the defendant to register pursuant to subdivision (c) of Section 290, the court, at the time of sentencing, shall consider issuing an order restraining the defendant from any contact with a victim of the crime. The order may be valid for up to 10 years, as determined by the court.” Violating the terms of a restraining order carries penalties that could endanger your freedom or compel you to pay fines, among other costly consequences.
Civil Court Protective Orders in Los Angeles County
It’s essential to recognize that victims of domestic abuse, harassment, or stalking have the right to seek civil protections, even when no criminal charges have been brought against the alleged perpetrator. Someone may petition the civil court to issue a protection order against their alleged abuser—this action is especially common during legal separation or divorce proceedings. If a civil court has issued a protective order against you, you must understand the specific actions and behaviors you are prohibited from engaging in, or risk severe consequences. Even if you are not facing criminal charges, violating a civil protection order could lead to criminal penalties like jail time, fines, or both.
Potential Penalties for Violating Protective Orders
Both criminal and civil protective orders must be taken seriously. Law enforcement takes swift action against violations of these orders, meaning you could find yourself facing harsh penalties for even a minor slip-up. Reading the fine print of the protection order is essential in order to understand the exact terms of the order and avoid facing accusations of violating the court-issued order. A first-time violation of a criminal protective order is usually considered a misdemeanor offense, punishable by a fine of up to $1,000, up to one year in a county jail, or both. Subsequent offenses will likely result in harsher penalties, such as a fine of up to $10,000, up to three years in California state prison, or both. Additionally, violating a criminal protective order may also be considered a probation violation, leading to further penalties.
How a Criminal Defense Lawyer Can Help You
If you find yourself facing charges relating to violating a protective order, you should reach out to a seasoned and trusted Los Angeles County criminal defense attorney as soon as possible. These allegations may not seem serious, but they carry steep and lasting consequences. Your attorney will assess the details of your situation and help you identify the most strategic path forward. For instance, your lawyer may argue that the alleged violation was not intentional, nor was it a willful act. Or, if the person named as the victim in the protective order falsely accused you of violating the order’s terms, your lawyer will find a way to push back against these baseless allegations. Now is not the time to leave your future up to fate—give yourself the best possible chance of obtaining a fair and favorable outcome by contacting a knowledgeable and aggressive criminal defense lawyer today.
If you are facing accusations of violating a domestic violence or restraining order in Los Angeles County, call Wegman & Levin immediately at (818) 980-4000 to schedule a free initial consultation with a skilled and experienced criminal defense lawyer.
