Southern California Defense Blog

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.

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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.