One of the most common violent crimes is domestic violence. Domestic violence deals with two individuals who live together and usually, though not always, have a child together. It can be charged as a misdemeanor or a felony, depending on the case. During a domestic violence case, the court will issue a temporary restraining order against the defendant prior to his or her release from jail if an arrest is made.
If you are not arrested and later receive a notice to appear in court, you will likely be served with a protective order at your arraignment. This is an area of law that has changed significantly in the past decades. The victim is most often a person that cares deeply about the person charged and vise versa. The victim, under most circumstances, does not desire a protective order. The court is obviously concerned about every “victim” which is the obvious reason for the protective order. It is a rarity when the court or police agency does not serve a protective order upon one arrested and or/charged with domestic violence. The protective order may be modified and/or dismissed, depending upon the circumstances.
You need an experienced attorney in this area, to get this restraining order (protective order) dismissed, or at least modified so that you may continue to be in the presence of the “protective party. Both parties must ordinarily agree that they desire that the order be dismissed or modified. This is not automatic. In some cases, the protective order is not modified whatsoever, and the parties are not allowed to go within a hundred yards of each other, call, annoy, harass, or even send messages through a third party. The court does not consider the fact that you may not have anywhere to live during the period of time there is a protective order in place. Even “peaceful” messages would not be allowed under this scenario. If you are charged with a violation of the protective order while your attorney is working hard to resolve your case, you will face additional penalties. If you are out on bond, your bond could be revoked, and you could have to stay in jail while your attorney resolves your case. The courts are not taking any chances in this area. It is often the case where the person charged with this offense has to move out temporarily. You are welcome to call the office for a free consultation and find out how we may assist you during this difficult time.
This type of case requires an attorney that is experienced in this area and has a great understanding and knowledge of the law, not to mention the human emotions normally involved for both the defendant and the “victim”. Most often children are involved, and their lives are impacted greatly. By calling the firm immediately, we can take the necessary steps in order to work through this entire process!
For legal assistance in Orange County, call the Law Offices of Charmaine Druyor at 714.595.3737 or contact us online to schedule a free consultation.