Law Offices of David P. Schwarz Family Law Lawyer

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Criminal Protective Orders

On Behalf of | Apr 15, 2022 | Firm News

Protective orders are available in response to good cause belief of harm to, intimidation of, or dissuasion of victim or witness;  effect of emergency protective orders; restrictions on firearms possession.

The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering,  harassing, telephoning, including, but not limited to, making annoying telephone calls as described in destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.

Upon a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur, a court with jurisdiction over a criminal matter may issue orders.

This current criminal restraining order law is very clear in its use in court.  However, there is an overstepping of boundaries by the District Attorney when seeking these protective orders.  They want to get the order even if the defendant is not charged with a crime involving violence.  That is an overstepping and has to be held in check by an effective attorney or a cautious judge.  I recently found myself in court defending a client who was charged with trespass and nothing more. The District Attorney sought a criminal protective order which would make my client give up his gun rights.  Luckily the Court was on my side and felt that my client was not charged with any violent crime and therefore penal code 136.2 did not apply as far as my client losing his gun rights.  So in the end it is important to stand up for your rights when it comes to the overreaching of the state using its bully tactics.