Can a abuser file for a protective order?

It is not uncommon that an abuser will try to file for a Protective Order against a victim – especially in instances in which the victim may have in the past had the petitioner arrested or had obtained a Protective Order against the petitioner previously.

What happens if you violate a protective order in California?

California Penal Code 166(a)(4) 1. 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). Watch this video to understand: What is and is not allowed under a protective order.

Can a protection order be issued ex parte?

“Since protection orders are done on an emergency, ex-parte basis, the defendant does not get an opportunity to explain their side of the case before the order is issued,” Mr. Cordell said.

Can a spouse file an order of protection?

We explore how divorce impacts your business and financial well-being. Sometimes during (or leading up to) divorce, one party files a petition seeking an order of protection against the other, which is often granted ex parte—that is, without prior notice to the party against whom the order is issued.

How can a defendant be convicted 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.

When to file for a restraining order against your ex?

If you want to file for a restraining order, you need to think twice. The only time that you should file is when your ex-partner behaved in a way that warrants a restraining order. If you lie about your reasons for getting a restraining order against your ex, you could be the one who it hurts. Your partner can dispute the order.

What can a restraining order or protection order do?

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.

What happens when a protection order is taken out?

Although the vast majority of protection orders are requested for good cause, some are taken out for dishonest reasons. Sometimes a couple will get into an argument. The alleged victim may feel mistreated due to infidelity, a breakup or conduct that falls well below the level of domestic violence.

What do you need to know about protection orders?

What Are Protection Orders. 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.

What can I do if I cannot get an order of protection?

If you cannot get an order of protection, you may be eligible for either an injunction against harassment or an injunction against workplace harassment (which your employer would file for, not you). Even if you do not qualify for any one of these orders, the abuser’s behavior may still be against the law.

“Since protection orders are done on an emergency, ex-parte basis, the defendant does not get an opportunity to explain their side of the case before the order is issued,” Mr. Cordell said.

How long does an order of protection last?

An OFP usually lasts for 2 years. If the OFP is violated or more abuse happens, you can get it extended. Also, if there have been 2 or more OFPs or Restraining Orders against the abuser or if the abuser has violated the order more than twice, the court can make an order last for up to 50 years.