What Is A Criminal Protective Order In Los Angeles County?
A protective order is issued to protect the victim in domestic violence cases. While the case is pending, a judge will order you to stay at least 100 yards away from the victim and stop contacting them.
If the case involves a husband and wife, the judge may order a level one order, where the husband and wife can still communicate, but the defendant is not to annoy, molest, strike, or harass the other spouse. After the case is over, if the defendant is found guilty, it will become a permanent protective order.
There are different levels of criminal protective orders in Los Angeles County. A level one protective order orders the person not to annoy, molest, strike, harass, stalk, threaten, or intimidate and not to have another party do those things on their behalf.
The level one protective order allows a person to contact the other party peacefully. In contrast, the normal protective order orders the person to stay away from the other party, usually 100 yards away, but sometimes less. While there are no different levels, orders can be customized.
If children are included on a protective order, it can be included that a family law order will control the protective orders. For example, if a family law judge permits an offending parent to have visitation, that would rule over the protective order.
Types Of Cases Resulting In Criminal Protective Order in Los Angeles
Most cases involving protective orders are domestic violence cases. In a criminal case where there has been some violence, it's automatic that the judge will order a protective order, even if the parties don't know each other.
Therefore, the defendant has to be there. A lawyer can appear for the defendant in misdemeanor cases in Los Angeles. Still, if there is going to be a protective order issued at the first court appearance, then that defendant needs to be there so the judge can order them, face to face, to abide by the terms of the protective order.
Most protective orders are temporary orders that will last the length of the case. Once the case is over, depending on the result will dictate how long the protective order lasts.
For example, if a person is put on three years of probation, the protective order will last for three years. It is based on what the prosecutors represent to the judge and what the parties agree on. Of course, the protective order could be modified if both parties agree and the judge agrees.
