Impact of Oakland Protective Orders
Aside from the apparent repercussions that may follow a protective order, individuals may find they need to rearrange a significant portion of their life following the court’s ruling. Without a proper understanding of what to expect, a person may find themselves violating their court mandate and facing additional legal problems. If you have had a protective order placed upon you or are facing a potential placement, you could speak to an Oakland domestic violence lawyer. A knowledgeable attorney could help you avoid a protective order conviction. If an order is unavoidable, an attorney could help you adjust to your new life as best as possible.
When Might a Judge Grant a Protective Order?
A judge could grant a protective order when someone alleges that another person has harmed them or is harassing them and they feel they need the protection of the courts. Typically, judges may look for physical harm, a credible threat of violence, or some ongoing course of conduct that may amount to harassment. Considering the impact of protective orders on a defendant’s life, it may be beneficial to speak to an Oakland lawyer.
Requirements and Lifespan of a Protective Order
A civil protection order typically requires a person to stay a certain distance from another individual. They may not be allowed to contact them either by phone, email, text, social media or through a third party.
Protective orders in criminal cases could be in effect during the pendency of the case and may last only as long as the person is either involved in the court case or placed on probation. In serious cases of domestic violence or sexual abuse, they may get a 10-year protective order.
Impact an Order Could Have on a Criminal Case
A protective order in Oakland could impact a person’s criminal case since there are a number of rules that may need to be followed that might otherwise be irrelevant. Violations of protective orders are typically taken very seriously and could amount to additional charges while the case is pending. While the orders may not affect the case per se, it may affect the individual’s life while the case is ongoing. Parties may need to move out of their own home and be restricted from seeing their children or people they care about.
How a Civil Protection Order Could Hurt a Person Charged with Domestic Violence
A civil protection order could add one more layer of legal damage to the defendant. The order may add another restraining order against on the person that goes into the California Law Enforcement Telecommunication System, or the CLETS System. Restraining orders are lodged in the CLETS and could be accessed by law enforcement. If a person makes a complaint about someone violating the order, the alleged violator could be arrested. The order may also show up in a background check which could keep them from getting employment in certain sectors. To learn more about the impact of Oakland protective orders, and how they could affect you, reach out to a knowledgeable protective order attorney today.