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Articles Posted in Restraining Order

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If a man pushes a woman, she can file for a restraining order. But if a woman pushes a man, should the man be able to have a restraining order granted against her? A recent decision by the 2nd District Court of Appeals (JJ vs. MF, 2nd District, No 82464401, February 5, 2014) held that a woman can push a man without having a restraining order granted against her if there is a prior history of the man abusing her.

Shove Turns into Mutual Restraining Orders

JJ and MF are a divorced couple with one child. The mother has primary custody of their son. One night, the father dropped the son off with his grandmother but forgot to leave his jacket. The mother called him multiple times to ask him to bring the jacket back because the child was sick and it was cold.

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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.

Defense%20Lawyers%20for%20Protective%20Court%20Orders%20888-280-6839.jpgDomestic 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.

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Restraining orders are used to protect individuals who feel they are in a dangerous or a violent situation. Restraining orders prevent the restrained person from being in a specific place and/or making contact with a specific person(s).

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. So how long does that time period last?

How Long Does a Restraining Order Last?

length of restraining orderHow long your restraining order lasts will depend on the type of restraining order issued against you. If you have been served with an emergency protective order, which is issued when immediate protection is needed for another person, it will typically last for seven days. A temporary protective order, which is issued to provide protection to a victim throughout the duration of the case, 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 for up to five 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.

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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.

Violation%20of%20Restraining%20Order%20Defense%20attorneys%20888-280-6839.jpgIf 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.

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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.

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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.

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.