A protective order is issued to protect the victim in domestic violence cases. While the case is pending, a judge is going to order you to stay at least 100 yards away from the victim and to stop contacting them in any way.
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.
Different Levels Of Criminal Protective Orders In Los Angeles
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 still have peaceful contact with the other party, whereas 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 other levels, orders can be customized.
If children are included on a protective order, it can be included that family law order will control over the protective orders. If a family law judge permits an offending parent to have visitation, for example, then 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 sort of violence, it's automatic that the judge will order a protective order, even if the parties don't know each other.
Therefore, the defendant actually has to be there. In misdemeanor cases in Los Angeles, a lawyer can appear for the defendant, but 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 what the result is, that will dictate how long the actual protective order lasts.
For example, if a person is put on three years of probation, then 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 in the future, if both parties agree and the judge agrees.
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