Let's delve into the common question of whether a judge will issue a protective order against you if you were arrested for domestic violence in Los Angeles. Understanding this legal process can bring a profound sense of relief, empowering you to navigate the situation with less anxiety and more control.
Those people who have been arrested for domestic violence and are facing a criminal court date, what a lot of them don't realize is that when they go to court for that first appearance, which is called an arraignment, the judge and prosecutor are going to put in place a protective order against the.
They'll be ordered to stay away from the alleged victim for at least 100 yards and not to contact the victim or have a third party contact the victim.
By hiring an attorney, you can take control of the situation and potentially mitigate the serious ramifications of a protective order. This is a crucial step to consider when you get arrested for a domestic violence case.
Peaceful Contact
The bottom line is if you're arrested and charged with domestic violence, they're going to issue a protective order. However, if it was made what's called a Level 1 protective order, then you're in a position where you're able to have peaceful contact with your significant other, and you don't have that problem; for example, you have to move out of your own house because your significant other lives there.
So, things that will help you avoid having the full protective order would be, for example, if you did some domestic violence classes while the case is pending.
From the judge and prosecutor's standpoint, that accelerates them considering making it a Level 1 protective order where you can see the other party.
Many people don't want to do this because they believe they're innocent, they didn't do anything wrong, and they don't want to be in a position to do something they shouldn't have to. I certainly understand. That's something we'll have to discuss when we meet.
But by the same token, depending on what evidence the prosecutor has against you, if you are going to end up taking a resolution in the case, it makes sense to start doing the domestic violence class anyway because you're going to be ordered to do a 52-week domestic violence class. That's part of any resolution in the case.
Fight the Case vs Negotiation
So, I have you come in. We go over everything. I evaluate the pros and cons of resolving the case versus taking it to trial. I also evaluate whether or not I can get a non-filing on this before the court date.
We can aim for potential positive outcomes, such as a non-filing. We've had a lot of success with City Attorney hearings, which could lead to a good result and likely result in a non-filing, giving you a reason to be hopeful and optimistic.
Suppose you're charged with violating Penal Code 273.6, violating a criminal protective order. In that case, you want to hire a lawyer immediately to ensure it's handled appropriately.
Depending on whether it's charged as a misdemeanor or a felony, you could be facing time in custody and several destructive punishments related to it. For a misdemeanor, you'd be looking at County jail time; for a felony, you could be looking at prison time.
Restraining Order
This is not to be confused with a restraining order. A restraining order is a civil remedy where a civil judge orders you to stay away from somebody.
A protective order is a criminal remedy in which a criminal judge orders you to stay at least 100 yards away from the alleged victim while the case is pending and often while you're on probation.
You've come to the right place if you or a loved one is charged with a domestic violence-related offense. I've been doing this for over 30 years. I started as a criminal defense attorney defending people like you in the early 1990s.
Before that, I worked for a superior court judge as his research attorney and for the district attorney's office in East Los Angeles. So, I am the complete package regarding knowing the ins and outs of these offenses. If you need help, call and ask for a meeting with Ron Hedding. I'm ready to help. The Hedding Law Firm has offices in Los Angeles, CA, providing you with the confidence and security of being in experienced hands.
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