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Stay-Away Orders in Domestic Violence Arrest

Posted by Ronald D. Hedding | Jul 15, 2024

Let's review the common question of whether you will be ordered to stay 100 yards from your loved one if you were arrested for domestic violence in California. The answer to this question is straightforward: yes.

If you have been charged or arrested for domestic violence, when you go to court, you will be ordered to stay 100 yards away from your loved one. It is automatic.

In California, domestic violence charges are one of the most common types of arrest and prosecution. Judges see these cases daily and have little patience for abusers.

The question becomes whether your attorney can convince the judge to allow you to have peaceful contact related to that protective order. That issue involves several different factors.

Critical Factors in California Domestic Violence Cases

First and foremost, when the judge will consider numerous factors in determining whether to issue a peaceful contact order, such as the following:

  • What were the injuries to your loved one related to the domestic violence incident?
  • Who was the primary aggressor in that incident?
  • Do you have any prior criminal record related to domestic violence or violence?
  • What exactly happened in the incident?

This is a very harsh reality for a lot of people because many times, people who get domestic violence cases actually live with the other person or even have children with the other person.

So, now the judge will order them to stay at least 100 yards away from that person while the case is pending, which will effectively knock the person out of their homes in many cases.

Defense Strategies

Some strategies can be employed to attempt to avoid this. Of course, strategy number one is to consult with a domestic violence criminal defense attorney and go over all of the facts and details.

Don't just go over the facts and details that you perceive are helpful to you; also add the facts and details that caused you to get arrested, such as the following:

  • What did the other party say?
  • Were there any witnesses?
  • Were there injuries?

These are some of the factors the prosecutors will consider in determining whether or not they will argue that you have to stay 100 yards away from your significant other while the case is pending.

Protective Order

Depending on how severe the case is, I've seen situations where somebody gets convicted of domestic violence, and there is a 10-year protective order on them, where they are ordered to stay 100 yards away from the other person for ten years.

This is usually reserved for the most severe domestic violence cases, but I do see this order by judges more and more.

Don't get confused between a protective order and a restraining order. A restraining order is a civil remedy taken up in civil court.

A protective order is a criminal remedy ordered by the criminal judge at the time of your initial appearance. It can stay in place while you're on probation, which is usually at least three years for a domestic violence case.

Arguments Against Protective Order

So, some of the factors that can be argued to avoid this complete stay-away order are if you start doing domestic violence courses and the judge believes that you understand the serious nature of the offense and aren't going to be involved in this type of behavior any longer.

Of course, this is an acknowledgment of guilt, and many people don't want to acknowledge it, which can put them in a challenging situation.

Years ago, I had a case in which I effectively set things up so that the protective order would be a Level 1 protective order, requiring my client to have peaceful contact with his wife.

The problem was the judge asked the wife whether or not the domestic violence had occurred, and the wife denied it. The judge felt this was a situation that was ripe for further domestic violence because the wife would not acknowledge what had purportedly happened.

This starts to give you an idea of the difficulty you put yourself in when you get arrested for domestic violence.

Experienced Domestic Violence Defense

Several things can be done. All is not lost, but you must handle it correctly and understand what you're against.

So, if you or a loved one has been arrested for domestic violence, charged with domestic violence, or is being investigated for domestic violence, pick up the phone now. Let me put my 30+ years of experience to work for you.

I've worked for the district attorney's office and a superior court judge, and since the early 1990s, I've successfully defended people like you. Pick up the phone now and ask for a meeting with Ron Hedding. The Hedding Law Firm is based in Los Angeles, CA.

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About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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