Can I Contact With My Children If There Is A California Domestic Violence Restraining Order Against Me?
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 in such a way that you wouldn't violate your restraining order. It would usually require a third party picking the kids up and dropping them off. If the civil order includes the children, then you've got to get an attorney to argue against that. If the criminal order includes your kids, then you would not be permitted to see them until that order was lifted. It is very important that your matter be handle by an attorney who knows what they are doing, especially if there are kids 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 the protective order in place. However, your attorney can argue that certain terms should not be included. You are going to want to have an attorney ready to fight because, in the end, the order may be permanent.
Domestic violence restraining orders typically will last three years, but it is up to the judge who issues the order. If the other party can show grounds for a longer period of time, then the judge will consider that. The person who the restraining order is against has the right to make arguments as well. Ultimately, the judge will make the final decision on how long the order lasts and what its terms are.
You are entitled to have a hearing. At the hearing, you can present evidence, the other party can present evidence, your attorney can cross examine all the other parties and witnesses, and in the end, if the judge feels that there is no harassment, he will deny the domestic violence restraining order.
Violating a Protective Order
If you violate a criminal protective order and you are on probation, 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.
If you get a domestic violence restraining order issued against you, it will be on your permanent record, and so will a protective order. Nobody wants to have something like a restraining order on their record. If an order is not warranted, then you need to get an attorney and fight the case. If it is warranted, you need to do damage control and limit what happens to you. Having a domestic violence attorney by your side is going to give you the best chance to produce the least damaging outcome.