A criminal protective order, also referred to as a criminal restraining order, is a court-ordered legal protection that prohibits an individual from having contact with another person. The limits of that contact are spelled out in the order. A criminal protective order is not itself a punishment but a legal means for protecting a victim who has been the subject of domestic violence, elder abuse, criminal stalking, or harassment and other threatening behavior. Violation of a protective order can result in a criminal conviction with a potential jail sentence.
Two Types of Criminal Protective Orders:Criminal restraining orders fall into two categories: domestic violence and all others. In both domestic violence orders and others, the victim must show that he or she is in reasonable fear for his or her safety or the safety of his or her immediate family. When there has been documented physical violence against the victim, that showing is made by the evidence of that physical violence. When the abuse creates a reasonable fear for safety due to emotional or verbal abuse, or stalking, harassing, or intimidation, the victim must be able to show that the abuse was intentionally directed at the victim (or the victim’s family) in order to create a reasonable fear that the victim (or victim’s family) is not safe from the abuser. Hiring an experienced Orange County attorney with experience in criminal protective order requirements and who understands the evidence standards is highly recommended.
While domestic violence abuse protection orders are the most common type of criminal protective order, other criminal protective orders may be issued to protect from criminal stalking or harassment, elder abuse protection, or when a crime victim or witness to a crime is subject to intimidation or attempts to dissuade the victim or witness from cooperating with law enforcement or testifying in court. In the case of orders protecting a crime victim or witness, the protective orders will usually be issued by the court at the request of the prosecution.
Who Can File for a Restraining Order:1. Victims of Domestic Violence. This includes spouses, former spouses, parents, children, persons who share a child or children, and persons who are currently in or have been in a romantic relationship can file for a restraining order.
2. Victims of criminal stalking or harassment
3. Victims of Elder Abuse. Any physical or emotional abuse of a person over the age of 65 is considered elder abuse, as is the neglect or financial exploitation of a person over 65.
The Process:The person asking for the order must first file a petition with the court asking the court to issue the restraining order. Because this process is complicated, an Orange County criminal protective order attorney should be consulted. If the petition makes a sufficient showing that convinces the court that the petitioner is facing immediate harm, the court may issue a temporary restraining order and schedule a full hearing on a permanent restraining order. Before a permanent restraining order (so-called “permanent” but usually the orders have a set parameter of time) is issued there will be a hearing in which the subject of the restraining order will have the opportunity to contest the petition. The petitioner needs to provide sufficient evidence for the ssuance of the order; the court is not likely to issue the order on “he said/she said” evidence. The type of evidence that helps convince the court include, for example, written communications such as text messages and emails, witnesses who will testify to observing the abuse, voice recordings, and police reports concerning the abuse. Your Orange County criminal protective order lawyer can help you present this evidence properly and in a convincing manner. If the court finds after the hearing that the petitioner should be protected, the court will issue the order.
Typical Terms of a Protective Order:All protective orders are fashioned to the specific circumstances but typically the order will order the restrained person to stay a certain distance away from the protected person’s home, work, school, or vehicle. Protective orders will even protect the protected person’s pets. All protective orders (with some rare exceptions) will prohibit the restrained person from owning or possessing firearms or ammunition. The orders often will also prohibit phone or email contact with, and perhaps even letter writing to, the protected person(s). A criminal protective order almost always has a definitive expiration date, which is determined by the court and tailored to the specific protection needed.
Enforcement:The protective orders can be enforced by any California law enforcement agency as long as that agency has a copy of the order or has verified it through the California Law Enforcement Telecommunications System (CLETS). Most often, in cases of violation of the order, law enforcement will be notified of the violation by the protected person, which the law enforcement agency will then investigate.
CONSULT an ORANGE COUNTY PROTECTIVE ORDER ATTORNEYWhether you are seeking a criminal protective order or you are the subject of such a request or order, Orange County attorney William Weinberg can assist you. Mr. Weinberg brings over 30 years of experience assisting victims of criminal abuse and defending those who are the subject of a petition for a protective order. In either case, his goal is to achieve the best outcome for his client. He is available for a free consultation where he will discuss your matter and potential outcomes and advise you of your options. Contact him by filing out our online form or by calling him at his Irvine office at 949-474-8008.