In the State of California, as in many other states, “Restraining Orders” and “Protective Orders” mean exactly the same thing. Restraining, Protective, or Stay Away Orders are court orders that are meant to provide protection from:
by a specified individual who is named in the protective order.
According to California Penal Code Section § 273.6, it is a crime if the individual named in the protective order violates any of its terms. Violating the terms of a court ordered protective agreement may result in either a felony or a misdemeanor. Usually, if there are no other criminal charges, a first violation of a protective order is a misdemeanor charge. A conviction of a misdemeanor violation of a protective order in the State of California is punishable with fine of up to one thousand dollars ($1,000), one year or less in jail, or both incarceration and a fine.
If a protective order has been filed against you, you will be contacted by law enforcement and given a copy of the court order. It is advisable that you immediately speak to an experienced attorney to understand the terms of your protective order and to understand what actions you need to take in order to protect your legal rights.
The following are some basic rules to follow after you have been served with a protective order.
If you have been served with a restraining order or if you believe that a petition will be made, it is crucial that you follow your attorney’s advice and avoid the following:
If the petitioner is a spouse and you have children together, it is advisable that you go through your attorney to make arrangements to speak with or visit with your children.
A protective order can have a significant impact on your legal rights, your right to bear arms, and your paternal rights. A protective order and any violation of a protective order can be used as evidence against you in court for domestic matters and if future criminal charges relevant to this matter are filed against you. Therefore, it may be in your best interest exercise your legal right for a hearing to dismiss a protective order. Your attorney will be able to discuss your legal options and help you to determine whether or not a hearing is advantageous to your legal situation.
A domestic violence charge is a serious offense and a conviction will have lifelong repercussions. If you or someone you love has been arrested and charged with a domestic violence offense, it is critical that you speak with an experienced San Jose criminal defense attorney promptly. Please call 408.277.0377 today to schedule your initial consultation with Attorney Wesley J. Schroeder.
Wesley Schroeder, Attorney at Law
181 Devine Street
San Jose, CA 95110
Monday – Friday 9am-5pm or by appointment