Violation of Restraining Orders
California criminal defense attorney Thomas Wallin can represent you if you have been accused of violating a restraining order. Call 1-866-857-5900 today for your free consultation.
There are two types of court orders that are meant to restrict a person from contacting another or from visiting a particular geographic location: protective orders and restraining orders.
- Protective Order: A protective order is a court order preventing you from having any contact with a particular person and/or visiting a particular place. This type of order accompanies certain types of criminal cases. These orders are typically associated with domestic violence cases where the court orders the defendant (person accused of the crime) not have any contact with the victim of the crime. A “no contact” protective order means that the defendant can have no contact with the victim by telephone, letter or through third parties, except through the defendant's attorney. Failure to follow the court's order can cause the defendant to be taken into custody if out on bail or otherwise released.
- Restraining Orders: A restraining order is applied in civil matters and does not depend on the existence of a criminal case, although they can also accompany criminal cases. The major difference between a restraining order and a protective order is that a restraining order can be brought by anyone, whereas a protective order can only be brought by the judge or district attorney as part of a criminal case.
If a Protective Order, Temporary Restraining Order, or Permanent Restraining Order is granted or directed by the court, then local police agencies will be notified of the order. If the person restrained violates the order, then they can be criminally charged with violating a court order.
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