Southern California Defense Blog

As of 2013, the court, upon issuing a criminal protective order, will have the authority to require electronic monitoring of the defendant. Moreover, if the defendant has the ability to pay, the court will require the defendant to pay for the cost of the electronic monitoring. The court could also require that the defendant be placed on electronic monitoring for up to one year.

Domestic Violence Protective Court Orders

Protective orders are very often issued by the court in domestic violence cases. Often, the defendant and the alleged victim still live together or interact with each other. Electronic tracking of defendants with a protective order issued against them will likely lead to many more defendants being charged with a violation of the protective order, especially if the defendant attempts to continue to live with or see the protected person.

The attorneys at Wallin & Klarich can not only fight for you against criminal charges, but can also work to prevent a criminal protective order from being issued. The best way to avoid facing charges alleging a violation of a protective order is to ensure the order is never issued by the court.

California Restraining Order Lawyer

If you or a loved are arrested or charged with a crime, it is imperative you contact our firm. Hiring an experienced California criminal lawyer firm is the best way to ensure you keep your freedom. The attorneys at Wallin & Klarich have been helping people for over 30 years. Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at wklaw.com for more information.

Restraining orders are used to protect individuals who feel they are in a dangerous or a violent situation. If you have been served with a restraining order, the restraining order will be effective for a specific duration of time depending on what type of restraining order has been issued.

If you have been served with an emergency protective order, which is issued when immediate protection is needed for another person, it will last 7 days. If you have been served with a temporary protective order, which is issued to provide protection to a victim throughout the duration of the case, it will stay in effect until the case concludes. If you have been served with a permanent restraining order, which is enforceable only after a hearing is conducted and both parties have a chance to be heard, it can last up to 5 years. If you have been served with a civil harassment restraining order, issued to prevent harassment and stalking of another person, it is enforceable until a court hearing is held. A court hearing usually occurs within 15 to 22 days.

If you have been served with a restraining order you must comply with the terms of the restraining order for the term specified. If you do not comply with the restraining order you will be subject to the consequences that go along with a violation of the restraining order, including arrest for violating a court order.

If you are worried you have committed a restraining order violation in California, it is imperative that you hire a competent and skilled criminal defense attorney to assist you through this complicated and stressful legal process. The attorneys at Wallin & Klarich have over 30 years of experience defending clients in restraining order cases and are committed to vigorously defend you by investigating all aspects of your case. Contact us today at 1-888-280-6839, or visit us at www.wklaw.com for more information. Call us today, we will get through this together.

In Riverside, just like in most counties, a violation of a restraining order can result in either additional jail time or further restrictions on your restraining order. Once you have been served with a restraining order, you must abide by the restrictions that are placed upon you. However, you may attempt to modify the order if there are parts that you don’t agree with.

If you feel you may have violated a restraining order in Riverside you will want to hire Wallin and Klarich to help you. We have been defending clients accused of this offense for over 30 years in Riverside. Our law office has been in the same location in Riverside for over 20 years. We are familiar with the judges, prosecutors and court procedures in the local Riverside Court.
The prosecutor must prove that you violated a specific term of the restraining order beyond a reasonable doubt. There are many defenses we can present to the court to help you win your case and avoid jail time.

If you also are facing a violation of a criminal protective order in Riverside this can result in being taken into custody on your criminal case or your bail being raised immediately by the judge. You need to have a Wallin and Klarich criminal defense lawyer fighting for you in court to attempt to convince the judge that you did not willfully violate the criminal protective order

In order for you to be found in violation of a restraining order or criminal protective order the prosecution must prove each of the following:

1. A court issued a written order to person;
2. The person knew about the court order and its contents;
3. The person had the ability to follow the court order; AND
4. The person willfully violated the court order.

Wallin and Klarich has over 30 years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 888-280-6839 or through our website at www.wklaw.com. We will be there when you call.

If you have been accused of violating a restraining order, you may be considered to be in contempt of court. A violation of a restraining order can lead to a misdemeanor or felony charge. Generally, if it is a first offense it will be charged as a misdemeanor.

You might be facing hefty fines as well as potential jail time. The amount of the fine and the length of jail time will increase if a person was injured during the violation and/or if there have been multiple violations.

If you or a loved one have been accused of violating a restraining order in California, it is important to hire a skilled Southern California criminal defense attorney. An experienced attorney can make a big difference in your case ensuring that your rights are protected and that you understand the charges you are facing.

Continue reading "Violation of a Restraining Order" »

A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade deadly weapon and possession of a loaded firearm in public.

The convicted man had been married to his wife for 14 years before they were divorced in 2007. The estranged wife then gained sole custody of the couple’s two children, ages 11 and 13, and eventually kicked him out of their home. In recent months it was reported that the man’s spousal and child support payments had substantially increased.

In April 2008, the man was placed on probation after pleading guilty to four misdemeanor violations of breaking a domestic violence restraining order. Several months later, authorities accused him of making threats against his wife and her divorce lawyer. Authorities later pulled the suspect’s car over in a traffic stop on the Garden Grove Freeway and recovered handcuffs, pepper spray, throwing knives and a stolen 9-millimeter firearm with its serial numbers removed.

Continue reading "O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge" »

Chris Brown was charged with two felony counts of assault and making criminal threats against singer, Rihanna, on March 5, 2009. When he appeared in court, the judge ordered a protective order; Chris Brown must not molest, annoy, harass, make threats, or have any negative contact against anyone. Rihanna’s attorney was present and stated that the singer did not want a “no contact” order made, which if granted/ordered, the defendant could not have ANY contact with the victim.

In this case, the judge could have issued the “no contact” order, and it would have prevented Chris Brown to have ANY contact with Rihanna, but she did not want this ordered. Although, if Rihanna had wanted to keep Chris Brown away, under the circumstances, her attorney could have easily had the judge issue a “no contact” order, filed a restraining order through the family law court, or both.

Restraining orders are usually heard the same day or the following day, depending on the facts of the case, the calendar, and the court. In Rihanna’s case, the judge in the family law court would have granted a temporary restraining order first, then would have set another hearing for the permanent restraining order, and it likely would have been granted.

If you or a loved one has been accused of a crime it is incredibly important to choose the right attorney and the right law firm to represent you and help fight the restraining order and arrest. Wallin & Klarich criminal defense attorneys in California know what it takes to defend their clients, and you can speak to one of their attorneys by calling now at 888-280-6839, or you may go to our website at www.wklaw.com for more information about setting up an appointment.