CRIMINAL PROTECTIVE ORDERS

LOS ANGELES CRIMINAL DEFENSE ATTORNEY

Criminal Protective Orders, Temporary Restraining Orders, Civil Harassment Restraining Orders, Stay Away Orders and Domestic Violence orders are all fairly common in Los Angeles and often overlap with criminal cases.  Criminal Protective Orders are most common in cases involving violent crimes, particularly domestic violence.  Stay away orders are common in theft cases, where a defendant may be ordered to stay away from a particular store or other location.  Loosely related to criminal law are the civil harassment and civil domestic violence restraining order processes.  A person can seek a protective order in Los Angeles regardless of whether police are called or criminal charges are filed.  Additionally, sometimes the information presented at a civil restraining order hearing can lead to criminal charges being filed.

CRIMINAL PROTECTIVE ORDERS IN DOMESTIC VIOLENCE CASES
Criminal protective orders are typically issued at arraignment in domestic violence cases.  This means that even prior to getting a conviction, the defendant will be restrained from seeing a spouse or domestic partner.  This can be very complicated, especially when the defendant and protected person (victim/complaining witness) live together and wish to remain that way.  There are two general types of Criminal Protective Orders. Some require a defendant to stay away from the protected person, having absolutely no contact with that person.  Alternatively, a Criminal Protective Order may permit peaceful contact between a defendant and the protected person.  Judges can make more specific modifications to protective orders to accommodate two people who live, work or have children together.  Usually a no contact order is issued initially, but your lawyer might be able to persuade the judge to modify the order, allowing for peaceful contact, so as to not disturb the lives of a family, while still protecting the protected person from violence. 

CRIMINAL PROTECTIVE ORDERS IN VIOLENT CRIMES CASES
Domestic Violence cases are more common than other assault and battery cases.  Still fights and physical attacks do happen, and do lead to criminal charges.  In these cases, witnesses and/or victims may be protected by a criminal protective order.  Defendants with an extensive or violent criminal history are more likely to have a criminal protective order imposed.  Protective orders in violent crimes between strangers are usually not a big deal for the defendant, as they would have no reason to try to contact the protected person.  A protective order should still be taken seriously and opposed if the restrictions make it difficult to do normal tasks like going to school, going to work, dropping off/picking up kids, etc. 

STAY AWAY ORDERS IN THEFT AND OTHER CASES
It is common that someone convicted of theft crimes (usually shoplifting), vandalism or other property crimes be issued a stay away order even though the case did not involve any violence.  This may be a term of probation or a specified court order that is part of the sentence.  Typically these will be specific to a particular location (e.g. the Target store on Sepulveda Blvd in Van Nuys), but can sometimes be broader and include ALL of a certain chain of stores.  Those are difficult to enforce, but still carry consequences if caught.

VIOLATING A RESTRAINING ORDER
Disobeying a court order is never a good idea.  In the case of a restraining order, not only can the court impose contempt sanctions, but violating a protective or restraining order can get a person arrested, held without bail and charged with a crime.  Additionally, contact with a protected witness can be seen as attempting to dissuade a witness, a potential strike under California's Three Strikes Law.

If you or a loved one is facing criminal charges involving a protective order, stay away order or have been arrested and charged with a crime for violating a protective order, contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.  Having an experienced, knowledgeable and passionate lawyer on your side is imperative.  Your lawyer can carefully navigate the process for you and may help modify protective orders or avoid them being filed in the first place.  Even civil restraining orders can have negative consequences and you should consider defending against the conditions that restrain your behavior and liberty. 

Call now for a Free Consultation  213-375-3775

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

Useful Criminal Defense Links:
LA Inmate Locator 
LA Superior Court  
LAPD Online 
LA County Law Library
LA Felony Bail Schedule
LA Misdemeanor Bail Schedule