In most domestic violence cases, a protective order will be issued. There are emergency orders, temporary orders, and permanent orders. In each case you can fight the issuance of the order or fight the specific terms of the order. In fact, if the person who makes the DV allegations against you requests that the court not issue an order the court will weigh that very heavily in deciding whether to issue an order or not and in most cases will not issue the order.
Emergency Protective Order
If the victim requests, an Emergency Protective Order (EPO) will be served on you by a police officer at the time of arrest. The judge will issue the EPO if there are reasonable grounds to believe that there is an immediate and present danger of abuse and the EPO is necessary to prevent the recurrence of abuse. (Fam C §6251; Pen C §646.91.) An EPO may include personal conduct restraints, residence exclusion, and stay away orders. (Fam C §§6218, 6252.) An EPO is effective for 5 judicial business days after its issuance or 7 calendar days maximum after its issuance if a weekend or holiday falls within the time period. (Fam C §§6256.)
Criminal Protective Order
In all DV cases, the prosecutor will ask for a criminal protective order (CPO) to be put in place to protect the victim or witnesses from harm or intimidation. (Pen C §136.2) In almost all cases, the judge will order the CPO to be issued and served on the defendant in court usually at the arraignment. The CPO can include personal conduct restraints, stay away orders, and firearm prohibitions. During the term of the protective order the defendant cannot own, possess, purchase or receive any firearms. (Pen C §12021(g)) The CPO remains in effect until the defendant is no longer subject to the court’s jurisdiction. The only way not to have a CPO issued is to have the victim appear in court and tell the judge they do not want the protective order to issue. Even if the judge agrees, a judge may still issue a no harassment order which means the defendant is ordered not to harass, strike, or annoy the victim.
Temporary Restraining Order
A temporary restraining order is the most common restraining order issued in domestic violence cases. The moving party most prove that there is reasonable proof of past acts of abuse. The TRO can include personal conduct restraints, residence exclusion, stay away orders, and firearm prohibitions. During the term of the protective order the defendant cannot own, possess, purchase or receive any firearms. (Pen C §12021(g)) The TRO remains in effect until the date of the hearing which is no later than 20 days from the date of the order.
Permanent restraining order
After the TRO is issued a hearing is held to determine if a permanent order will be issued. At that hearing both sides can present evidence regarding the allegations made. The moving party most prove that there is reasonable proof of past acts of abuse. If the judge grants a permanent order, it can include personal conduct restraints, residence exclusion, stay away orders, and firearm prohibitions. During the term of the permanent order the defendant cannot own, possess, purchase or receive any firearms. (Pen C §12021(g)) The permanent order remains in effect for up to 3 years.
You don’t have to plead guilty, contact our office today for a free same day consultation
We have successfully represented many individuals accused of domestic violence charges. Even in tough cases, we are almost always able to get a better resolution in a case then if you handled it yourself, had the public defender, or other private attorney. Our experienced and aggressive negotiating efforts usually result in dismissed or reduced charges and lesser punishment including less jail days, shorter classes, and smaller fines. Call our office today at (916) 939-3900 or (530) 621-1800 for a free consultation.