Domestic Violence Orders
In domestic violence cases, courts can impose restrictions on the defendant at the beginning stage of the criminal case. The aim of these such orders is to protect the victim. There are three types of orders that we will discuss below.
Peaceful Contact Orders
This type of order prohibits the defendant from harassing, striking, threatening, assaulting, stalking, molesting, destroying or damaging personal or real property of the protected person. These conditions do not restrict the restrained person from contacting the protected person or being near the protected person. In other words, as long as the contact between the parties remains cordial, then there is likely no violation of the peaceful contact order.
The no-contact order is more strict in comparison to the peaceful contact order. This type of order prohibits the defendant from contacting or communicating with the protected person. When this type of order is in place, it is best to refrain from all forms of communication because if the protected person contacts the defendant, such communication would be a violation of the no-contact order, even if initiated by the protected person.
The stay-away order prohibits the defendant from coming within a certain distance from the protected person. In some cases, the distance may vary between 100-300 yards.
How To Get Your Order To Fit Your Circumstance
Domestic violence cases often involve parties that have children or live together. In the event that you cannot have a stay-away order in place because you want to see your kids, then you should communicate this information to your attorney or the judge in your case.
Regardless of what type of order you have, it’s imperative that you follow the court order. If you have a peaceful contact order, keep it cordial with the person you’re in a dispute with; if you have a no-contact order, do not communicate with the person under any circumstances; if you have a stay-away order, keep your distance in accordance with the court order. It is crucial to follow a court order; failing to abide by the court order can bring other types of problems that can be avoided if you simply do as the court order indicates.
If you’re dealing with a domestic violence issue, it’s in your best interest to hire an experienced criminal defense lawyer. The Law Offices of Mark A. Gallagher has handled countless domestic violence matters successfully. For your free consultation, call The Law Offices of Mark A. Gallagher at 800-797-8406 or visit https://www.socaldefenselawyers.com/ for more information.