What is the difference between a legal protective order and a restraining order in Los Angeles County?
A restraining order is a civil remedy. You go into a civil court and prove some sort of harassment for a general restraining order. If, on the other hand, you are trying to seek a domestic violence restraining order, you will need to go in front of a judge.
You will have to claim that the person has committed acts of domestic violence against you and that you want a restraining order ordering them not to come within 100 yards of you, call you, stalk you, molest you, or harass you.
A domestic violence restraining order is more difficult to prove than a civil harassment restraining order where you are just trying to prove that the other party is harassing you by trespassing or calling you.
Protective Orders in Los Angeles
A protective order is a criminal remedy. When someone gets arrested for a domestic violence case, the prosecutors will seek a protective order. You can later get the protective order taken off, if you are found not guilty in the case.
Until then, they are not going to take any chances. Sometimes, the victim does not want a full stay away order. They only want a level one protective order, just in case the person were to get angry and try to hit them again.
The defense would argue for a level one protective order. Unfortunately, in Los Angeles County, the prosecutors are seeking a full protective order in every domestic violence case while the case is pending.
I have some strategies that I use to try to avoid a full protective order from happening.
Violation of Protective Order in Los Angeles County
What does the prosecutor in Los Angeles County need to prove in order to convict me of violating a legal protective order? The proof requirements for a violation depend on which type of protective order was granted by the judge.
One example of a protective order would be a level one protective order where you’re still allowed to see the other person. You can have peaceful contact with that person.
In that scenario, you would have to do something violent to that person or threaten that person in some way to violate the order. The prosecutor could show that you did it and get a violation.
In addition to that, they can also charge you with a new offense, if you did something physical toward that other person by violating that protective order.
The full protective order usually says that you have to stay 100 yards away from the person. If you go within 100 yards of the person, the police are called and the person shows the protective order to the police. You are arrested for violating the protective order.
Calling the person on the phone is also a violation. Having someone else call the person on your behalf is a violation of the protective order. Going on social media and posting something about the person that you know they will see is a violation.
Even if the protected party calls you, it is a violation; do not answer the call. If you are text messaged by the other party, do not answer the text message. If you see them at the grocery store, leave and go to another grocery store.
Experienced Domestic Violence Lawyer
If you find yourself in violation of a protective order related to a domestic violence case, you need an experienced attorney.
You will be facing a new criminal charge for violating the protective order and a probation violation, if you are on probation, in addition to the complications to your pending case.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0940.