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    Will My Orange County Domestic Violence Charge Result in a Protective Order?

    Posted on: April 6th, 2024 by Dod Law

    Domestic Violence Protective Order | Dod Law | San Diego | Orange CountyDomestic Violence Protective Order in Orange County

    If you have been arrested or charged with domestic violence in Orange County, you may hear about or be subject to a protective order. If this is the case, you may be wondering whether you Orange County domestic violence charge will result in a protective order, and what will happen if it does. This article will provide a short overview of protective orders and discuss what you can expect from the process. In addition, this article will address how an Orange County domestic violence defense lawyer can help you minimize the impact a protective order has on your life.

    What Is a Protective Order?

    A protective order, also known as a restraining order, is a court order preventing a person claiming to be a victim of harassment or abuse (“the protected party”) from further harassment or abuse by another person (“the restrained person”). Protective orders come in four general forms: (1) civil harassment restraining orders, which protect parties without an intimate relationship; (2) elder- or dependent- adult abuse restraining orders; (3) workplace violence restraining orders; and (4) domestic violence restraining orders, which will be the focus of this article.

    Domestic violence restraining orders protect parties with a current or past intimate relationship or who are related by blood. They may last for a span of months to up to five years and can even be extended past the five-year mark depending on the facts of the case. A restraining order may be issued upon request of a victim or at the court’s direction, the latter of which is called a criminal protective order, or CPO.

    Protective orders prevent you from having contact with someone and can result in you losing the right to interact with family members, including your children. They may place conditions on your interacting with others, such as requiring supervision when visiting your children. You may also be prevented from being in certain places and even be forced to move out of your home. As such, a knowledgeable Orange County domestic violence defense lawyer is a must to ensure disruptions to your life and relationships are kept to a minimum.

    The Civil Protective Order Process

    The process of issuing a protective order order in domestic violence cases begins with an emergency restraining order, or ERO. This order is issued when law enforcement officers respond to a domestic violence call. To obtain an ERO, officers contact a judge on call who is tasked with hearing ERO appeals. If granted, EROs may last for up to seven days, or until the next step in the protective order process comes into play.

    The next step in the process is a temporary restraining order, or TRO. A TRO does not require a hearing—a judge simply reviews a statement discussing the situation and decides whether a TRO is warranted. If the judge grants a TRO, he or she will issue a statement containing the reasons for granting the order and when a hearing for a Permanent Restraining Order (PRO) will take place. This TRO will last a few weeks until the PRO hearing.

    At the PRO hearing, a judge listens to arguments from both sides and decides whether to grant the permanent restraining order without a jury. At this hearing, you are entitled to and should be represented. Your legal counsel will argue for your rights and present your side of the story to the court.

    The Criminal Protective Order Process

    Criminal protective orders (CPOs), also known as “stay-away orders,” are similar in function to the EROs, TROs, and PROs discussed above, but are initiated and issued by a judge in criminal court. CPOs are routinely handed down by judges in cases where a defendant is charged with domestic violence. These orders can last from three to ten years and may range from permitting peaceful contact to requiring the defendant to leave his or her home.

    Will I Be Subject to a Protective Order Because of My Domestic Violence Charge?

    Given this information, you are likely wondering whether you will be subject to a protective order. While each case is different, judges are more likely to grant protective orders if there is a credible threat of violence, injuries are present, or the accuser claims to be the victim of harassment or stalking. If none of these elements are present, a judge will be less likely to grant a restraining order or a CPO. Even if some form of protective order is granted, a lack of injury, threat, or harassment can make the terms of the granted order less stringent and allow the accused to maintain contact with their family, remain in their home, and keep their life intact.

    Having an advocate on your side throughout these proceedings gives you the best chance to present your case to the judge and minimize or eliminate the impact any potential protective order will have on your life. A skilled Orange County domestic violence defense lawyer will know the law surrounding protective orders and help emphasize the evidence most beneficial to your case.

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