For example, the defendant may inadvertently run into the protected person while out in public or in another unavoidable situation.
In these cases, the defendant would have a legitimate defense if charged criminally. In addition, judges may require that the defendant engage in anger management or domestic violence counseling as a condition of probation. Subsequent violations can lead to felony charges. A defendant who has a restraining order issued against him or her loses the right to lawfully own or possess a firearm.
If the defendant is found to be in possession of a firearm, he or she could face additional criminal charges and penalties. If you have been charged with violating a protective order or have been served with notice of a protective order hearing, it is critical that you meet with a Los Angeles Criminal Defense Attorney right away.
Los Angeles Criminal Defense Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly skilled at fighting restraining orders and defending those who have been charged with violating these orders. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The defense, in some cases, will seek to verify that the alleged violation was committed unintentionally.
When it comes to domestic violence, the courts and prosecutors do not take these crimes lightly. Therefore if you seek to fight a restraining order, it will take an attorney that is skilled in this area and will help to get you out of serious trouble.
If the evidence is weak, the defense may opt for either dismissal or a lesser consequence. Lesser consequences maybe anger management, better counseling, or any other form of an agreement. We understand that taking out a restraining order on someone or being hit with one can be quite overwhelming and confusing.
What happens if you violate a restraining order? If you need help with a potential case that involves seeking a restraining order on someone, contact us today. The representatives in our office have the experience to represent you in court and get you what you need to ensure that you and your family remain safe.
Phone Number. Email Address. How Can We Help You? Contact Us. Learn everything you need to know in this latest post. The restraining order will prohibit the following: Further acts of domestic violence against the victim s Making threats indirectly or directly to the victim s Going near the victim s home or workplace Once an order is in place, the judge may also order the violated to attend therapy sessions in a battering program as well as have them surrender any weapons in their possession.
Types of Protective Orders In Texas, 3 types of protective orders fall under the category of family and spousal violence. Temporary Ex Parte This type of order is put in place to protect the victim and their family from the abuser. Final Protective Order This type of order begins once the order has been issued and can last for up to 2 years.
These reasons would include: The abuser commits a felony domestic violence act during the period of the restraining order. An experienced criminal lawyer in California will be able to review the facts of your case, advise you of your rights, and prepare any defenses that might be available.
They can also represent you in court. Krista Sheets. In Krista earned her J. Krista is licensed to practice law in Pennsylvania and Washington. She has experience as a litigator, both in insurance defense and juvenile dependency cases. Krista also spent time volunteering for the U.
You can learn more about Krista by visiting her Linkedin page. Ken LaMance. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Drug Crimes. Speeding and Moving Violations. White Collar Crime. However, many protection orders include prohibitions against:. The judge may also add additional terms to the restraining order based on particular threats or risks involved in the case.
Often domestic violence protective orders can separate people in intimate relationships based on one incident or a fight taken out of context. While petitioners in civil restraining orders generally want to comply with the order, criminal protective orders can place unwanted restrictions on the alleged victim as well as the criminal defendant.
In those cases, or when a civil restraining order grows stale, the alleged victim may be the one to reach out or come to your home. Only a judge can do that.
If the protected person or alleged victim approaches you while a protective order is in place, it is your responsibility to walk away, close the door, or hang up the phone.
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