This is a good topic to review because many people often 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 to civil court, fill out the necessary paperwork. Suppose they can create a sufficient issue related to you. In that case, they'll get the judge to order a temporary restraining order immediately, which will prohibit you from coming within 100 yards of the protected party.
Of course, for this civil remedy to be effective, the order must be served on you. In other words, you have to be aware of it. If you violate this civil restraining order, the consequences could be severe. You could be subject to criminal charges, leading 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 often, if someone bails out on the $50,000.00 bail related to a domestic violence case, that person will then be released. They'll be free to go back to the other party, cause problems, issues, etc. Therefore, this civil restraining order can be used to stop the person immediately.
Criminal Protective Order
The criminal protective order comes in once the person appears in court. Suppose charges are filed in a domestic violence case in Los Angeles. In that case, the criminal court will automatically issue a criminal protective order, essentially ordering the person to stay away from the other party and the children for a distance of 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 is typically put in place if the person is 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. This could lead to additional penalties, including extended probation or even incarceration. In reality, a criminal protective order and a restraining order can coexist simultaneously, both of which could subject the person to charges if they violate either of 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 provide invaluable guidance, helping 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.
Often, people get 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. This may involve providing evidence of changed circumstances or completion of required programs.
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 have the criminal protective order lifted, allowing the parties to reunite and return to their previous situation.
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