Domestic Violence: Violation of Protective Orders and the Criminal Consequences

At the Law office of David P Schwarz we have litigated many violation of protective order cases both in family law and criminal law courts. Please call our office to further discuss the issues that are pressing you at 949 735 9266. Or contact us via the web or email us at dpslaw66@gmail.com.

An Orange County Domestic Violence lawyer will protect you from any violation of a family law protective order. This order can be found under penal code section 273.6. It states that there has to be an intentional act made by the person who violates any protective order. These orders that have been made by the family courts are issued to protect the party from harassment, disturbing the peace, or threats or acts of violence.

A domestic violence attorney will defend you from any allegation that you have committed a violation of a protective order under family law codes section 6320 that was issued by the Orange County Family Superior Court that prevented you from bothering, stalking, threatening, harassing, or telephoning the alleged party.

Included in family code section 6320 is the destruction of personal property. A good defense lawyer will vigorously defend any alleged violation where the destruction of personal property was charged. Often the party alleging personal property was destroyed had been directly involved the properties destruction. Or an even more common issue arises because the property was previously damaged on prior occasions and then reported as recently destroyed by the victim. These misrepresentation will be vehemently defended by the Law Offices of David P Schwarz.

In addition, a protective order violation is commonly violated and brought to the Superior Courts attention when the party who was restrained made an indirect or direct contact with the protected person. This is very common and is the most often litigated aspect of Domestic violence violations in criminal court. Often this occurs when the party contacts a relative of the protected person not knowing they are violating a protective order and somehow someone reports that contact to the Police.

Another common violation of the Domestic violence protective orders occurs when a party owns, possesses or purchase a firearm while that protective order is in effect. A Domestic Violence Attorney will make sure that there is no evidence that can be shown that the party was unware of such restrictions and or never owned nor possessed a firearm.

Finally a very important protective order issued under the Domestic Violence Protection acts is the exclusion of a party from a family dwelling or the dwelling that was shared with the other party. Many times clients contact my office after they had been ordered excluded from the residence they had lived in for many years. They explain to me that they went to pick up some belongings such as clothes or personal items and then are arrested by the police. A person must be very careful and contact a lawyer immediately to resolve any issue regarding getting back into the family residence to pick up personal items or to defend any charges about violating that protective order.

At the Law office of David P Schwarz we are experience Orange County attorney who have defended many violations of domestic violence protective. Please contact our office immediately if you have been involved in any criminal or family law charges. Our office number is 949 735 9266. Or contact us via the web or via email at dpslaw66@gmail.com.