what if my husband gets a lawyer against a protective order?

Can I have contact with someone with a protective order?

Sadly, the story you have is a common one. The protective order prohibit you from having contact with this person. Unfortunately, the fact that this person initiated the contact is not a defense to violating the order.

Should I hire a lawyer for a protection order?

Consulting a lawyer immediately may also help you get through some of the immediate pains of the protection order.

How to fight an order of protection against a man?

How to Fight an Order of Protection. Hire an attorney. You have the right to have legal representation if a protective order is entered against you. It is important to have someone advocate for your rights and to hold the other party to their burden of proof. Cordell & Cordell has men’s divorce lawyers located throughout the country.

Can a non-matrimonial lawyer represent you in an order of protection?

While some non-matrimonial and family law attorneys do represent clients in orders of protection proceedings, having one lawyer to manage all of your domestic issues can be particularly beneficial in that it provides you with consistency of strategy as you manage your divorce and order of protection case.

How to convict a defendant of violating a protective order?

In order to convict a defendant of violating a protective order, the prosecutor must prove: There was a valid protective order in place that was legally issued by a judge 1; The defendant had knowledge of the protective order’s existence and terms 2. And the defendant intentionally violated the terms of the order.

What is the penalty for violating a protective order?

A misdemeanor offense carries a penalty of up to one year in county jail, probation, fines of up to $1000.

What does "lack of knowledge" mean in a protective order?

You Lacked Knowledge Of The Protective Order. If the defendant did not know that there was a protective order in place, then he cannot knowingly violate the order. This includes having the opportunity to read the order even if you did not actually read the order 3. Example Of Lacking Knowledge.

What is a restraining order in California?

Violating a criminal protective order, sometimes called a “restraining order,” amounts to contempt of court and is a criminal offense under California Penal Code 166 (a) (4). Protective orders and restraining orders are issued by different courts and its important to understand their differences. Watch this video to understand: ...

Can a defendant see his wife?

If the defendant intentionally went to see his wife in violation of the order, knowing that he would see her, the prosecutor can prove the necessary intent. This is true even if the victim asked the defendant to meet them. The victim’s invitation to meet is not a defense to violating a protective order.

Can a judge issue a protective order in California?

Judges can issue protective orders in connection with both criminal and civil cases and often issue protective orders in connection with California domestic-violence related offenses. A violation of a civil restraining order is prosecuted under penal code 273.6 and is still a crime even though the order was issued in civil court.

Is a protective order a felony?

The crime can be charged as a felony under certain circumstances, depending on whether the defendant has previously been convicted of violating a protective order and whether the alleged violation resulted in any injuries to the victim.

What happens when someone gets a protection order?

When someone secures a protection order due to false accusations, there are often serious consequences. An innocent person can wind up with significant effects on his or her life, including relocating, having to change his or her daily activities to avoid the victim and losing time with his or her children.

What is a protection order?

Protection orders, restraining orders, no contact orders or protection from abuse orders are legal orders that a judge signs that instructs the alleged abuser to cease certain activity. If the alleged abuser violates the instruction of this order, he or she may face serious consequences.

Why do victims use protection orders?

Because protection orders can order such things as spousal support, child support, child custody or visitation, alleged victims may use protection orders as a shortcut around family law matters.

What to do if you are falsely accused of domestic violence?

If a person is being falsely accused of domestic violence and may be the respondent in a protection order case, he or she may wish to seek immediate legal representation. A protection order has the potential to impact many aspects of the respondent’s life. A criminal defense attorney can help protect the respondent’s rights and present a defense against the allegations. He or she can prepare the respondent for the hearing in order to have the highest change of a positive outcome in the case.

How long does a temporary protection order last?

A permanent protection order may last for a year or more.

What does a criminal defense attorney do?

A criminal defense attorney can help protect the respondent’s rights and present a defense against the allegations. He or she can prepare the respondent for the hearing in order to have the highest change of a positive outcome in the case. Provided by HG.org. Read more on this legal issue.

Can a domestic violence victim get a protection order?

Victims of domestic violence can secure a protection order so that the alleged abuser cannot be around them. This is a court order that instructs the defendant not to have contact with the victim and to cease any abusive behavior toward the victim. However, some victims use these orders of protection to manipulate the system.

What happens if a petitioner asks for a restraining order?

If a person (known in the case as "the petitioner") asks a court to issue a restraining order against you because of alleged domestic violence or other domestic conflict, you are entitled to be notified of the request, to have a court hearing, and to defend yourself. (Temporary orders are an exception; see the explanation below.)

What happens if you violate a temporary restraining order?

If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order. If you and the petitioner have children together, the temporary restraining order may tell you not ...

What is a temporary restraining order?

A temporary restraining order in a domestic violence situation can restrict contact with the petitioner, as well as child visitation. A hearing for a permanent order usually follows soon. It's essential to obey the temporary order and obtain legal counsel

What is a restraining order?

Courts have the authority to issue restraining orders (also referred to as orders of protection) that require a person to stop certain behavior, such as contacting or abusing the person who requests the order. Most restraining orders are issued in connection with domestic violence or conflict in intimate or family relationships, ...

What happens if a petitioner accuses you of texting?

If the petitioner accuses you of calling or texting repeatedly, your phone records might show otherwise.

How long does it take to get a permanent order?

These hearings, to which the respondent receives notice, are usually set quickly, so you may have only a week or ten days to make decisions and prepare for the hearing.

Can you be charged with a crime for violating a restraining order?

Once a restraining order is entered, you can be charged with a crime if the protected party accuses you of violating the order. If a permanent order is issued, you will be prohibited from possessing a firearm while the order is in effect, and the order will show up on background checks.

How long does a temporary restraining order last?

TROs last for up to 14 days.

Can you put up with an abusive spouse?

No one should have to put up with an abusive or controlling spouse. If you are filing for divorce, you and your spouse will automatically be issued something called a temporary injunction. This is a type of less severe restraining order.

What to do if a petitioner is harassing you?

If the petitioner is alleging that you are harassing her on the phone, get your phone records to show that you have not called her. Put on your game face. When you walk into court, all the judge knows is what the other party has written in their petition.

What happens if you violate a temporary order?

Even if you believe the temporary order was wrongfully entered, it is still an order from the court and violation of it could result in criminal charges and jail time. Violation of an order will also send a message to the judge that the order is needed, because you cannot even behave with it in place.

What to do when accused of doing something while at work?

If you are accused of doing something while you were at work, obtain your timecard to show the judge that you could not have possibly done it .

Can you have contact with someone who violated a protective order?

The protective order prohibit you from having contact with this person. Unfortunately, the fact that this person initiated the contact is not a defense to violating the order. In fact, by presenting evidence that this person is the one that initiated the contact you are essentially admitting that you violated the order.

Can a judge contact you if you get a protective order?

Most judges will not tolerate a wishy washy person who gets an order from that judge because they are sooooo scared and then proceeds to ignore the judge's order themselves. That said, yes, they "can" contact you - but by doing so they sort of tell the judge they really didn't need the protective order that they were awarded and they sort ...

What happens if a protective order is violated?

This way, if the order is violated in any manner, the victim can immediately show the protective order to the police who respond to the call. For the order to be most effective, the victim needs to strictly enforce it. That means contacting the police any time the order is violated, even if the contact appears benign.

What are the consequences of violating a restraining order?

Typical Consequences for Restraining Order Violation. A person who violates an order of protection may be facing fines, jail time, or both. Restraining order violation is most often charged as a misdemeanor, though it may become a felony under some circumstances. For instance, if a person is arrested for violating a protection order, ...

What is a restraining order?

A restraining order, sometimes called an order of protection, is a binding legal order issued by a court. Typically, a restraining order is issued when one party is accused of: 1 Stalking 2 Harassing 3 Endangering 4 Using violence against another party

What happens if the aggressor does physical abuse?

However, if the aggressor does any harm to you (physical abuse, etc.), report it to the police immediately, and then notify your attorney. The family law attorney will be able to file a motion for contempt of court, meaning the original case that was opened against the aggressor will be readdressed in court.

Who is the aggressor in a case?

In most cases, the aggressor is the one that initiates contact after the order is in place – not the victim. But, what happens if the victim is the one reaching out to the aggressor? In some cases, victims might contact aggressors if they are a former love interest or family member.

Is sending a text message a violation of the law?

Sending an innocent text message may not seem like a violation, but if “ no contact” is part of your order, it surely is. Regardless of if the person initiating contact is doing so to make amends or to retaliate, it is against the law. How to File a Harrassment Restraining Order.

Is a restraining order a violation of the victim's rights?

If the victim is the one to initiate contact, it is not a violation of the restraining order. It is only a violation if the aggressor is the one to contact the victim.