Los Angeles Protective or Restraining Order Violation Lawyer
Protective orders, also referred to as restraining orders, can be used to keep an alleged abuser away from their victim. They are common in domestic violence proceedings but may also be imposed under other circumstances. Courts are sometimes more inclined to issue these kinds of orders because they want to protect victims. However, these orders can take an enormous toll on the people being restrained. In the event of a violation, the penalties can be very harsh.
Dealing with a protective or restraining order can be a very complicated and frustrating experience. Being ordered to stay away from someone close to you can have collateral consequences that affect other aspects of your life. Contact our Los Angeles protective or restraining order violation attorney for help. Call Eric D. Davis, Attorney at Law, at (909) 861-8075 for a free consultation.
Why Protective or Restraining Orders Are Issued in Los Angeles
The terms “restraining order” and “protective order” are often used interchangeably. While they are very similar, there are a few distinct differences. The main difference is how they are imposed. These orders will look somewhat different when set under criminal and civil proceedings. However, the penalties for violating any order tend to be similar. See below to learn more about how violations are charged. Our Los Angeles protective or restraining order violation attorney can help you understand which one applies to your case.
A criminal protective order (CPO) is issued in conjunction with criminal proceedings. While these kinds of orders are very frequently connected to domestic violence cases, they can be imposed in any case where a victim feels threatened by a defendant.
To get a CPO imposed, a prosecutor must show that the defendant has hurt a witness or victim, made them feel threatened or afraid, tried to prevent them from testifying, or threatened to do any of these things. A CPO does not have to be enforced against domestic or romantic partners. Domestic violence is not a requirement. In many cases, the defendant and the victim or witness may not even know each other.
Restraining orders tend to be more involved in civil matters, specifically family court issues related to domestic abuse. These orders can be temporary and only last until the completion of proceedings, or they can be made permanent and last for years or indefinitely.
While a prosecutor must initiate a criminal protective order, a victim may initiate a domestic violence restraining order. A restraining order can also come with extra strings attached. For example, a restraining order can not only order you to stay away from your partner, but it can also order you to comply with child custody orders, the care of pets and animals, property issues, and payment of debts.
There are others matters besides domestic violence that may call for a restraining order. In addition to a domestic violence restraining order, you may be bound by a civil harassment restraining order. This can be imposed against someone like a neighbor, roommate, coworker, or distant family member.
There are also elder or dependent adult abuse restraining orders. These tend to come into play for older people at least 65 years of age or other physically or mentally impaired or disabled adults. The order is designed to protect them from people who would abuse or exploit them.
Finally, a workplace violence restraining order can be used against coworkers. An employer must file the order to protect an employee from the harassment of another employee.
Consequences of a Protective Order or Restraining Order in Los Angeles
Restraining orders and protective orders can have numerous collateral consequences on your life, making them very hard to comply with at times. In cases of domestic violence or domestic relations, a person may be ordered to stay away from their romantic partner and any children they share. The order may not only require a physical distance but can also require absolutely no contact. This means you will not be able to call or text or otherwise communicate with your kids. If you share a home with your partner, you may be forced to leave.
These harsh conditions can sometimes make it difficult to comply with restraining orders, especially when they last for more extended periods. This sometimes leads people to violate these orders even though they mean no harm or have no ill will. In many instances, they simply want to be with their families again. If this sounds similar to your situation, call our Los Angeles protective or restraining order violation attorney for help.
Penalties for Violating a Protective or Restraining Order
Violations of a protective or restraining order are charged as misdemeanor offenses. You may be required to pay a hefty fine of up to $1,000, be imprisoned in a county jail for no longer than 1 year, or both. However, these penalties can be upgraded depending on the nature of the violation. If the violation results in physical injury, you may be penalized by a fine of no more than $2,000, jail time of no more than 1 year but not less than 30 days, or both.
Each separate violation will constitute a separate misdemeanor charge. For example, if you violate an order twice by appearing at your partner’s home on two different occasions, you will face two misdemeanor charges. For help dealing with your charges stemming from a protective or restraining order violation, contact our Los Angeles protective or restraining order violation attorney.
Getting a Protective Restraining Order Lifted in Los Angeles
Protective and restraining orders do not have to be permanent. In some cases, they can be lifted, and the order’s terms will no longer bind you. However, getting a restraining or protective order lifted requires certain conditions to be met.
It may be possible to lift a restraining order if it is no longer necessary. For example, perhaps a restraining order was put in place to prevent an allegedly abusive family member from going near an elderly relative. You could file a motion to lift the order if the elderly relative passed away, thus making the order unnecessary.
Alternatively, if both parties agree, the order can be lifted. This is often done when the parties decide to reconcile on their own. Our Los Angeles protective and restraining order violation lawyer can help you work to get the order against you lifted.
Reach Out to Our Los Angeles Protective or Restraining Order Violation Attorney for a Consultation
If a restraining or protective order prevents you from seeing the people you care about most, reach out to our Los Angeles protective and restraining order lawyer for help. Call Eric D. Davis, Attorney at Law, at (909) 861-8075 to discuss your situation.