Restraining Order in Criminal Cases

When a criminal defendant is first charged with a crime, the criminal court will often issue “stay away” orders. The defendant may be prohibited from visiting the scene of the crime or the victims, or associating with co-defendants who were also involved in the incident.

A defendant who violates these orders must answer to the criminal court on the original charges. They can also face new charges for violating the court order, and even more criminal charges if the violation also constitutes a separate crime.

But what about the victim of the crime? A “stay away” order does not offer the same protections as a restraining order. Victims often do not have copies of these orders to show the police. These orders are also not as specific as restraining orders, and they do not always specify a specific person or location to be avoided. These ambiguities make it very important for criminal victims to get restraining orders apart from criminal court proceedings against the defendant. A restraining order is a civil matter that can offer more immediate and specific protections, which in turn are more easily enforced by police officers.

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Restraining Orders in Family Law Cases

Sadly, a large number of restraining orders are issued to protect victims from their own family members. This means that your restraining order could be heard at the same time as a divorce case, or child custody proceedings, or other serious family law cases. Restraining order proceedings can also affect the outcome of your family law case. As a result, it is helpful to have the same attorney representing you in both cases. A complex family law case requires a strategic legal plan that accounts for many different contingencies. If a restraining order is part of the situation, your attorney can integrate it into your strategy in the family court.

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Experienced Restraining Order Attorneys Serving All of California

You don’t have to spend hours searching online for “restraining order attorneys near me.” The experienced Ventura restraining order attorneys at The Law Offices of Bamieh & De Smeth are here to help protect both your legal rights and your physical safety. Call (805) 643-5555 or visit our website to schedule your free consultation. Don’t delay: the sooner you have an experienced attorney fighting on your side, the more legal protection you will have in order to secure your physical safety.

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