Difference Between A Criminal Protective Order And Restraining Order In Los Angeles
These two terms are constantly confused. I've been practicing criminal defense for twenty-five years, and I've seen people not understand that a restraining order is not a criminal vehicle. It is a civil vehicle. It is basically for harassment.
So, if somebody is harassing you with a bunch of phone calls, threatening or stalking you, you can file a civil restraining order. You go into civil court and the judge grants it or denies it. You can try to get a TRO or a temporary restraining order while waiting for the hearing. You have to serve the other party with it. A restraining order could become criminal if somebody violates a restraining order. If you violate a restraining order, they can file a criminal case against you for violating that restraining order.
A protective order, on the other hand, is a criminal vehicle. When you go into criminal court on a domestic violence case, for example, typically, the first thing the judge and the prosecutor will do is ask for a protective order to protect the victim while the case is pending.
If the judge grants a protective order, it's a criminal vehicle. The criminal judge says, listen, while this case is pending, you're a defendant in it.
You're alleged to have hit somebody or done whatever it is, and you are ordered by this criminal court to stay away from that person. That's a criminal order, and if you violate it, it's a crime. They'll also charge you with a crime for violating a protective order.
It's interesting that these two vehicles can be done simultaneously. I've seen that when a domestic violence case happens, somebody files a restraining order before the case gets to court because if the person bails out, the case is usually not going to get to court for about thirty days.
So, the police will tell them to get a restraining order while waiting to get the protective order and deal with the case at the criminal level. You go in and file the paperwork for the restraining order, and if the judge grants it, you're good. They'll usually give you a temporary restraining order first, and then you can get a permanent one after a hearing, which generally lasts three years.
A lot of times, though, in the scenario that I just mentioned, the criminal case ends up taking over because if the criminal judge issues a protective order, then that pretty much covers everything while the person is on probation.
Probation Violation
If a protective order is violated, the consequences are severe. Not only does it constitute a new crime, but it also leads to a probation violation, potentially resulting in significant jail time. This underscores the gravity of a criminal protective order.
These are the key differences between a protective order and a restraining order in Los Angeles. For a more comprehensive understanding, it's crucial to consult an attorney who has experience with both types of orders.
As a criminal defense attorney, I've handled restraining and protective orders. I know what it takes to get them. It's probably easier to get a protective order because once a criminal case is filed, a judge will automatically grant one, whereas with a restraining order, you have to prove some things to get that granted by the judge.
So, when you're engaging in a criminal protective order or a civil restraining order, you're going to want to talk to an attorney who has done it before, knows what is necessary to get one, knows what evidence has to be produced, and also hire an attorney to get a restraining order because there are certain technical things you don't want to mess up and not be able to get it.
