California Restraining Orders May Protect and May Provoke
Protection orders, issued against suspected perpetrators of domestic violence, stalking, and harassment are one tool available to victims. However, as this article from the San Diego Union Tribune reports, they don’t always work.
“In some cases, it’s been the very thing that’s protected people, and other times it’s like putting gasoline on a burning fire” says the executive director of the Center for Community Solutions. She makes a good argument: that many people who are the subject of a protection order won’t be stopped by a piece of paper and instead are often provoked by such action.
Typically a victim of domestic violence goes to the court to request a temporary restraining order. After the temporary order is issued, a hearing is held to determine if the order is necessary. All of this can seek to anger someone with existing anger issues, particularly if he feels like he did nothing wrong.
In most cases restraining orders are positive tools in combating domestic violence and similar stalking offenses. According to the article, studies show that women typically feel safer with the order in place though 1 in 8 said abuse continued.
Restraining orders can set all kinds of terms that the party named within must adhere to. Not only must you stay away from the victim but you cannot call them, text them, email them, or even send them an old fashioned letter. A restraining order can even order you out of your own home—if you share that home with the victim.
For many people, abiding by the terms of a protection order is difficult. If there are criminal charges involved and you feel you are innocent, you may think you don’t have to abide by the terms. However, if the restraining order is in place, you must.
Violating a restraining or no contact order is a crime. For your first offense you will be charged with a misdemeanor—not a positive influence on any pending criminal charges.
If you are facing charges of violating a restraining order or if you are facing charges of domestic violence and currently have such an order on you, you need the help of a local defense attorney.
This kind of case can make you feel like the whole world is out to get you. A criminal defense attorney is there to be an advocate on your side. Contact our attorneys today to discuss the details of your case and how we might be able to help.
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My brother age 42 was found dead with a plastic bag on his head. His estranged wife was reported to be at the residence 3 times that day according to neighbors. When I took the restraining order to the local police. they told me that it was null and void because my brother was dead!!!!!
We all know where my brother would be if the circumstances were reversed.
disturbed in Ventura, CA