Los Angeles County issues a significant number of protective orders, often in the context of domestic violence charges. It's crucial to understand that a violation of a protective order, as defined under California Penal Code 273.6, can lead to severe consequences.
After 26 years of defending these cases, I have noticed one big thing: A lot of times, the alleged victim—the person the protective order supposedly protects—is actually the one who reaches out to the defendant.
Then, the defendant somehow gets caught communicating with or seeing the alleged victim, and somehow, they think it's a defense that the alleged victim reached out to them.
It's not. Now, a lot of times, the judges even tell defendants in domestic violence cases that if the defendant gets caught with the other party, even if they contacted you first, you're the one looking at going to jail or prison, not the other party because they don't have a protective order issued against them.
When the alleged victim reaches out to you, it's vital to remember that any form of communication can potentially lead to severe punishment. The best course of action is to refrain from engaging with them.
Defenses for Allegedly Violating Terms of Protective Order
There are some defenses to a violation of a protective order. If you happen to walk into a store and see the person the protective order is issued for and you leave the store, you certainly wouldn't be deemed to be violating the protective order.
If you accidentally or mistakenly happened to the alleged victim, the right way to handle it is to go the other way, leave definitely, and you won't have a problem.
I had a client in Santa Barbara who had a protective order. He went to college there. It's a college town. He was still in school, and he happened to see the other party, and he left — he walked away.
The other party followed him, started taunting him and saying stuff to him, and ultimately, he called the police, somehow trying to blame him.
The District Attorney's office didn't file that case because he didn't do anything wrong. He saw the other person, and he left, and that's the way you're supposed to handle it.
Unfortunately, though, sometimes the other side takes advantage of your protective order and puts you in a very bad position.
Didn't Knowingly Violate the Protective Order
So, the bottom line is this:
- (1) you have to violate the protective order knowingly; and
- (2) you have actually to have a legitimate protective order that you know about.
Don't get a protective order confused with a restraining order. A restraining order is a civil remedy where someone goes to civil court and gets you for harassment or some sort of domestic violence. In contrast, a protective order relates specifically to a criminal case. It's a criminal judge saying you now have a crime filed against you, and I'm ordering you to stay away from the alleged victim.
A protective order relates specifically to a criminal case. It's a criminal judge saying you now have a crime filed against you, and I'm ordering you to stay away from the alleged victim.
If you violate my order, not only will you probably get your bail revoked, but we'll also charge you with a separate offense, and they'll tell the prosecutors to charge you with a separate offense for violating a protective order. This can lead to additional penalties and a more severe legal situation.
If you find yourself in a situation involving a protective order, don't hesitate to seek help. Call our law firm and ask to speak to Ron Hedding. We're experienced in dealing with protective orders and are here to support you.
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