Domestic Violence Charges vs. Restraining Orders

Facing domestic violence charges or a restraining order can be overwhelming. These two legal issues are often linked but have distinct processes and outcomes. Domestic violence charges are criminal cases, while restraining orders are civil actions aimed at protecting individuals from harm.

Perlman & Cohen Los Angeles Criminal Lawyers help clients understand their rights and guide them through these challenging situations. Whether you are facing criminal charges or need help with a domestic violence restraining order, our experienced team is here to support you.

With our legal assistance, you can better understand the restraining order process and how criminal cases impact your future.

What Are Domestic Violence Charges?

Domestic violence charges under California Penal Code § 273.5 are serious accusations that involve harm or threats of harm to a family member, domestic partner, or other close relationships. These charges can include physical abuse, emotional abuse, or threats. When someone is charged with domestic violence, it is typically a criminal case handled by the district attorney in criminal court.

If convicted, the person facing domestic violence charges could face severe consequences, such as county jail, fines, spousal support obligations, or mandatory counseling. These charges can also result in restraining orders to protect the alleged victim.

Domestic violence is a crime that can impact a person’s personal life and future. It’s important to understand the legal process and seek legal representation from an experienced criminal defense attorney to ensure a fair defense.

Examples of Domestic Violence Crimes

• Physical abuse: Any form of physical injury or harm, such as hitting, slapping, or choking.
• Threats of harm: Threatening harm or violence (see California Penal Code § 422), even if no physical injury occurs.
• Emotional abuse: Using tactics like manipulation or intimidation to control a partner or family member.
• Stalking: Repeated unwanted surveillance or contact with another person.
• Child abuse: Physical or emotional harm to a dependent adult or child.

Legal Process

1. Arrest: The process begins when the police are called to the scene. If the alleged victim claims abuse, the person may be arrested on the spot.
2. Charges: The district attorney files domestic violence charges against the accused.
3. Court hearings: The accused must appear in criminal court for hearings where evidence and witness testimonies are presented.
4. Trial: If the case goes to trial, the district attorney must prove the charges beyond a reasonable doubt.

Potential Consequences

• Criminal conviction: A conviction may result in 4 years in state prison, depending on the severity of the crime.
• Protective orders: The court may issue a domestic violence restraining order or temporary restraining order to protect the alleged victim.
• Financial obligations: The court may order spousal support or child support payments for the victim and their dependents.
• Probation: Instead of jail, some defendants may be sentenced to a minimum 36-month probation (see California Penal Code § 1203.097) with conditions like counseling.

What Is a Restraining Order?

A restraining order is a court order that requires one person to stay away from another person. Restraining orders are typically used in cases involving domestic violence, harassment, or threats of harm. The goal is to provide immediate protection to the protected person and prevent further contact or harm.

There are different types of restraining orders, and each serves a specific purpose. In some cases, a temporary restraining order is issued until a court hearing can take place. If granted, the restrained person must stay a certain distance away from the protected person and may be prohibited from contacting them in any way.

Types of Restraining Orders

• Temporary Restraining Order: A short-term order that provides immediate protection until a full hearing can be held.
• Permanent Restraining Order: A long-term order that can last up to five years and may be renewed.
• Civil Harassment Restraining Order: Used when there is harassment from someone who is not a family member.
• Emergency Protective Order: Issued in emergency situations to provide quick protection before a court hearing.

How a Restraining Order Is Obtained

To get a restraining order, the accuser must file a request with the court. This includes completing necessary forms and providing information about the abuse or threat. A court hearing will be scheduled to review the request, and the judge will decide whether to grant the order. If the defendant is not present, a temporary restraining order may be issued until the hearing.

Effects of a Restraining Order

• No contact: The restrained person cannot contact or communicate with the protected person.
• Stay away: The restrained person must stay a specific distance away from the protected person and their property.
• Additional orders: In some cases, the court may also issue orders for child custody, visitation, or even spousal support.

Key Differences Between Domestic Violence Charges and Restraining Orders

Criminal Charges vs. Civil Court Order

Domestic violence charges are handled in criminal court. A criminal case can result in penalties like jail time or fines if the defendant is convicted. On the other hand, restraining orders are civil actions. They do not involve criminal penalties, but they do provide protection for the protected parties.

Burden of Proof

For domestic violence charges, the district attorney must prove the crime beyond a reasonable doubt in criminal court.

For restraining orders, the person requesting the restraining order must show that there is enough evidence of harm or threat, but the burden of proof is lower than in criminal cases.

Can You Face Both a Domestic Violence Charge and a Restraining Order?

Yes, it is possible to have both a domestic violence charge and a restraining order at the same time. In many cases, domestic violence charges may be filed alongside a domestic violence restraining order to provide immediate protection while the criminal case is being resolved.

Defending Against Domestic Violence Charges and Restraining Orders

It is possible to fight both domestic violence charges and restraining orders. Some of the defenses against these actions are:

Defenses Against Domestic Violence Charges

• False accusations: In some cases, domestic violence charges are based on false claims. An experienced criminal defense attorney can help prove that the charges are untrue.
• Self-defense: If the accused acted in self-defense, it can be used as a defense against domestic violence charges.
• Lack of intent: If there was no intent to harm, this can be used as a defense. For example, an accidental injury may not lead to a conviction without clear intent.

Defenses Against Restraining Orders

• Lack of evidence: If there is no strong evidence of threats or abuse, a restraining order may be denied.
• Mistaken identity: Sometimes, restraining orders are issued against the wrong person. A defense attorney can help prove this.
• False claims: If the restrained person can show the restraining order was based on lies or exaggerated claims, they can fight to have it dismissed.

Importance of Hiring Our Experienced Criminal Defense Attorney

If you are facing domestic violence charges or need help with a restraining order, it’s crucial to have an experienced criminal defense attorney. Perlman & Cohen Los Angeles Criminal Lawyers have years of experience helping clients fight these serious charges. We understand the stakes and are dedicated to providing skilled legal representation.

Our team will work with you to build a strong defense, whether you're facing criminal charges or need help fighting against the restraining order process. We can protect your rights and work toward the best possible outcome.

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Contact Our Los Angeles Lawyers for a Free Consultation

If you're facing domestic violence charges or dealing with a restraining order, call Perlman & Cohen Los Angeles Criminal Lawyers today. We offer a free consultation to discuss your case and provide expert legal advice. Contact us now for the support you need.