Domestic Violence and Violation of the Protective Order Under Penal Code Section 136.2

At the Law Office of David P Schwarz we have fought for and received many protective orders issue by the Orange County Family law Court. Please call our office at 949735 9266 or via the web. We can also be reached by email at

A domestic violence attorney will help show the court that 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, including, but not limited to, the following.

A domestic violence lawyer will show that violations fo the penal code can be done by violating; An order issued pursuant to Section 6320 of the Family Code. An order that a defendant shall not violate any provision of Section 136.1. An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, shall not violate any provision of Section 136.1. An order that a person described in this section shall have no communication whatsoever with a specified witness or a victim, except through an attorney under reasonable restrictions that the court may impose.

An order calling for a hearing to determine if an order as should be issued.

At the Orange County Law office of David P Schwarz will demonstrate to the court that a violation can occur by no obeying an order that a particular law enforcement agency within the jurisdiction of the court provide protection for a victim or a witness, or both, or for immediate family members of a victim or a witness who reside in the same household as the victim or witness or within reasonable proximity of the victim's or witness' household, as determined by the court.

The order shall not be made without the consent of the law enforcement agency except for limited and specified periods of time and upon an express finding by the court of a clear and present danger of harm to the victim or witness or immediate family members of the victim or witness.

Immediate family members” include the spouse, children, or parents of the victim or witness.

A domestic violence attorney will help protect their client from any violation of an order protecting a victim or witness of violent crime from all contact by the defendant, or contact, with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant.

The court or its designee shall transmit orders made under this paragraph to law enforcement personnel within one business day of the issuance, modification, extension, or termination of the order. It is the responsibility of the court to transmit the modification, extension, or termination orders made under this paragraph to the same agency that entered the original protective order into the Domestic Violence Restraining Order System.

At the Orange County Law Office of David P Schwarz well protect your interests from any violation of protective order issued under penal code section 136.2. Please call our office for a consultation at 949 735 9255 or via the web. We also can be reached by email at

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