This is a good topic to review because a lot of people get this confused. So, suppose you're charged with a crime and it relates to a domestic violence or spousal abuse case in Los Angeles. In that case, one of the issues you're going to have to grapple with is a lot of times the police will tell your significant other to get a restraining order. That's basically a civil remedy.
So, they're going to go into civil court, fill out the civil paperwork and if they can create enough of an issue related to you, they'll get the judge to order a temporary restraining order like right away, where you're not allowed to come within 100 yards of the protected party.
Of course, that has to be served on you in order to be effective. In other words, you have to know about it. So, that's a civil remedy. If you violate that civil restraining order, then you could be subject to criminal charges. This could lead to your arrest and a new criminal case, separate from the domestic violence case you're currently facing.
One reason they do that is that a lot of times if somebody bails out on the $50,000.00 bail related to a domestic violence case, that person will then be out. They'll be free to go back to the other party, cause problems, issues, etc. So, that way, this civil restraining order can be used to stop the person right away.
Criminal Protective Order
The criminal protective order comes in once the person appears in court. If charges are filed in a domestic violence case in Los Angeles, the criminal court will automatically place a criminal protective order and basically order the person to stay away from the other party and children one hundred yards.
It will be a full stay away unless that party actually shows up in court and asks for what's called a Level One protective order in Los Angeles, where they're allowed to go within a hundred yards; they just can't annoy, molest; harass, stalk or commit any type of battery on that particular person and that protective order stays on the case while the case is pending.
It typically gets put in place if the person gets convicted and ends up on probation. Then, that criminal protective order will protect the other party.
If you violate a criminal protective order, you could be charged with a crime, and you would also be looking at a probation violation on the underlying criminal case for violating the order. So, really, a criminal protective order and a restraining order can kind of sit at the same time, both of which could subject the person to charges were they to violate them.
But they really are, once that criminal protective order is in place, kind of superfluous. In other words, you don't really need the restraining order once the criminal protective order is put in place.
Case Review by our Experienced Defense Lawyers
Given the complexity of these legal matters, it's highly advisable to consult with an experienced attorney. They can help you understand your options and work towards a solution that best suits your situation, whether it's avoiding a criminal protective order or modifying it to a Level One protective order.
A lot of times, people are married. They have kids, so they don't want a criminal protective order that blocks them from seeing their significant other or a restraining order that prevents them from seeing their significant other.
To remove these protective orders, you and your significant other will need to appear in court and request the judge's intervention. If you're seeking a Level One protective order, you'll need to file the necessary paperwork and present your case in court. Similarly, if you want to eliminate the restraining order, you'll need to follow the same process.
In Los Angeles County, they will often not get rid of a criminal protective order until the person actually does some domestic violence classes, enrolls, and shows that they're making good progress. Then, they will often get rid of the criminal protective order so the parties can get back together and be in the same position they were before that protective order was issued against them.
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