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Can restraining orders be filed against me for domestic violence?

The short answer to this question is yes, but it is important to understand that there are several different types of domestic violence-related restraining orders in Los Angeles, California. If you are embroiled in a situation in which someone has made domestic violence accusations against you, it is a good idea to learn about them as soon as possible.

Emergency Protective Order: Only law enforcement officers can ask a judge for this type of restraining order. They may do so if they respond to a scene involving domestic violence. These orders typically last for seven days and can prohibit the alleged offender from having any contact with the victim.

Temporary Restraining Order: The alleged victim must appear in court and answer questions to enact this kind of restraining order. In most cases, they last for 20 to 25 days. A judge will not issue such an order unless he or she believes a person is in danger.

Criminal Protective Order: Often a district attorney will file this type of order when or if a domestic violence incident (or incidents) occurs. In addition to the protective order itself, alleged defendants must also face criminal charges that could result in a long-lasting prohibition of making any contact with the alleged victim.

Permanent Restraining Order: While this type of order is not really permanent, it could mean you will be restricted from having any contact with the alleged victim for up to three years. If the judge deems it necessary, this order could occur during court proceedings following a temporary restraining order.

As you can see, restraining orders can be life-changing in some ways. If you have children with the person who has made the violence accusations against you, there is a chance you might be prohibited from making contact with your kids for an indeterminate length of time. In all cases, you need legal assistance from a California criminal defense attorney as soon as possible. With help, you can clear your good name and repair the damage to your reputation.

Source: California Courts, "Domestic Violence" Nov. 24, 2014

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