What Are Protective Orders in Domestic Violence Cases?
Protective orders exist to shield individuals from harm and harassment. Under the Domestic Violence Prevention Act (DVPA) individuals may be separated for a period of time while a resolution for the cause of the alleged violence is determined. Those who may be considered for protection under DVPA include spouses, cohabitants, those in a dating relationship, and children.
Protective orders may not be issued unless there is clear evidence of possible abuse. Abuse is not, however, limited to physical harm. The DVPA may be enacted if there is intentional bodily injury, sexual assault, or a threat of physical violence. Common forms of protective orders include temporary custody orders that restrict the way a parent can visit with a child, a dwelling exclusion that prevents a party from using a common dwelling for a period of time, a wiretap order that records conversations between an alleged victim and their spouse, and a restitution order that may fine someone charged with domestic violence in California.
Many domestic violence cases arise out of false allegations, misunderstandings and ulterior motives. Anyone facing false allegations of domestic abuse would be well-advised to speak with a skilled Orange County criminal defense attorney right away. It may be possible to have the charges reduced or thrown out depending upon the circumstances of the case.
The reputed Orange County domestic violence defense attorneys of Sitkoff & Hanrahan have a long history of successfully handling domestic abuse cases. We help our clients understand the protective orders that they face while building a case for their defense. Call us today at 1-866-430-8383 for a free and comprehensive consultation.