Can I Contact With My Children If I Have a Restraining Order?
If a domestic violence restraining order is placed against you by your wife or your significant other, and it only relates to her, then you would be able to have contact with your children. Of course, you would have to arrange it to avoid violating your restraining order.
It would usually require a third party to pick the kids up and drop them off. If the civil order includes the children, you must get an attorney to argue against that. If the criminal order includes your kids, you would not be permitted to see them until that order was lifted.
Your matter must be handled by an attorney who knows what they are doing, especially if kids are involved. In domestic violence-related restraining orders, a lot of times, spouses try to take advantage and include the kids in the order unnecessarily so that they can gain the advantage in a divorce.
Will There Be A Hearing?
Typically, there will be a hearing at your arraignment. If you are charged with a domestic violence-related offense in Los Angeles, they are going to put a protective order in place. However, your attorney can argue that specific terms should not be included. You will want to have an attorney ready to fight because, in the end, the order may be permanent.
Domestic violence restraining orders typically last three years, but it is up to the judge who issues the order. The judge will consider if the other party can show grounds for a more extended period. The person who the restraining order is against has the right to make arguments as well. Ultimately, the judge will decide how long the order lasts and what its terms are.
When a domestic violence restraining order is issued against you, you have the right to a hearing. At this hearing, you can present evidence, as can the other party. Your attorney can cross-examine all parties and witnesses. If the judge determines that there is no harassment, they will deny the domestic violence restraining order.
Violating a Protective Order
Suppose you violate a criminal protective order and you are on probation. In that case, you will have a probation violation, and you will be looking at the maximum sentence for whatever it is you pled guilty to.
In addition, the prosecutors will probably file a separate charge against you for violating the protective order, and you could be punished by up to a year in county jail. If you violate a domestic violence restraining order, then you are going to be looking at a new charge in criminal court being filed against you in Los Angeles.
Having a domestic violence restraining order or a protective order on your permanent record is a serious matter. It's crucial to have legal representation to fight the case if the order is not warranted.
If it is justified, your attorney can help you do damage control and limit the impact on your life. With a skilled domestic violence attorney by your side, you have the best chance of achieving the least damaging outcome.
