The Latest News on Protective Orders Related to Los Angeles Domestic Violence Criminal Cases During Coronavirus
I've been handling domestic violence – spousal abuse type matters involving husband/wife, boyfriend/girlfriend, two husbands, two wives together. It doesn't really matter. I've been handling these cases now for over 26 years and all the cases are handled the same.
But one of the biggest things that has changed over the course of the last few years has to do with a criminal protective order.
The police might tell you to go get a restraining order. Sometimes people get one; sometimes they don't. You can always fight those restraining orders and a lot of times people have second hearts and don't end-up pursuing a civil restraining order.
Judge Will Impose a Criminal Protective Order
However, once the case gets into criminal court, the prosecutors and the judge are going to put a criminal protective order in place. That means you won't be able to get near the other party if you're a criminal defendant in a domestic violence case in Los Angeles.
That means if you live with that person you have to move out. That means if you work with that person you can no longer work with that person.
They used to be very liberal about giving what I would refer to a level one protective order which means you can have peaceful contact with that person and you can go within 100 yards of them. They don't do that anymore.
Now, the first thing they do is put the criminal protective order in with the full stay away, and they a lot of times take that off for months.
Sometimes they will not take it off during the probationary period if the injuries are bad enough and the person is perceived as dangerous enough to the alleged victim in the case.
Preparing a Case Strategy
So, we have to get a strategy together, because a lot of times people obviously don't want to be away from their loved ones. The have kids together. They have a life together, a home, a family. So, start working on it right away. We have you to domestic violence cases right from the beginning if that's part of the right strategy.
So, that's what we have to do. When we meet, we have to talk about it and we have to figure out how we are going to handle it — what are the best moves?
If you're worried about a criminal protective order being put in place, you're smart because you realize what a devastating effect this can have on you.
It is a little bit ridiculous how they have it set up because if two people have an issue and one gets arrest, and the alleged victim does not put a restraining on, that means those two people can be together while they wait for the court date.
So, somehow that's okay. Somehow for the next month, 45 days, two months — depending on how far they set the case away — now with the Coronavirus some of these cases are being pushed 45, 60 das, even longer. So, that's okay. They let you be together.
Full Criminal Protective Order at First Court Appearance
But the first time you appear in court they're now going to slap a full criminal protective order with a stay away on you, and they don't care if you have kids or what the situation is. They don't care if you live there.
They're going to do that because politically speaking, that's what they've decided to do in these criminal matters where there is domestic violence or there's the potential for bad violence where somebody could get seriously injured or even killed.
So, what I am doing right from the beginning is assessing whether that criminal full stay away protective order is something that is fair in your case. If it is not fair, then we are going to figure out a strategy to try to prevent it.
We are going to figure out a strategy to mitigate it — to lessen the damage to you and to get in front of that judge and mount a strong argument that you should be allowed to return home, that this was a one-time incident if that's the route that we choose to take and it is not going to happen again.
Experienced Domestic Violence Lawyer
So, if you've got a domestic violence case in Los Angeles and you're looking for the best attorney– someone who's handled thousands of cases, won cases, negotiated cases, been all over Los Angeles county and really has the pulse of the court system and knows how to handle these cases, you've come to the right place.
Pick up the phone. Ask to speak to Ron Hedding. We'll sit down and go over everything. I am not going to pull any punches. I'm going to tell you the truth about what your chances are and what your best avenue is moving forward.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0979.