In domestic violence cases, prosecutors will often attempt to have criminal protective orders placed on the defendant in order to protect the alleged victim while the case is pending.
If you are the alleged victim in the case and you don’t want a criminal protective order placed against your significant other, an attorney may be able to help you.
Can an Alleged Victim Prevent Prosecutors from Filing a Criminal Protective Order?
With your cooperation, an experienced criminal defense attorney may be able to convince prosecutors not to place a criminal protective order against your boyfriend, girlfriend, spouse or significant other while the domestic violence case is pending.
One way to possibly not have a criminal protective order placed against your significant other is to have him or her attend anger management classes as soon as he or she is released from custody. As the alleged victim, you should attend protection classes, and your attorney will need to show proof to the court that you are attending these classes.
Your lawyer may be able to refer you to protection classes in your area.
What if a Criminal Protective Order was Already Placed on My Significant Other?
If a protective order was already placed against your significant other while the domestic violence case is pending, the steps above may result in getting the protective order lifted.
However, you may also request that the court modify or terminate some or all of the conditions of the protective order if you are the named victim in the order. To have your request granted, your lawyer may follow these steps:
- State the reasons that support your request
- Agree that you are freely and voluntarily making this request
- You will be asked whether you have discussed your potential request with a victim specialist (a government official who provides support for victims)
- Sign your petition under penalty of perjury
Your attorney can help you file your request with the same court that placed the protective order on your significant order.
After this, a court hearing will be set by the court. You and your significant other (who had the order placed against him/her) will be required to appear for this hearing. At the hearing, a judge will determine whether to grant your request. The judge can grant your request as is, partially grant your request, or deny modification of the protective order.
Call the Criminal Defense Lawyers at Wallin & Klarich Today
If you wish to have a criminal protective order against your significant other lifted or wish to prevent a protective order from being placed against your significant other while your domestic violence is case pending, you need to act immediately. At Wallin & Klarich, our skilled attorneys have been successfully helping our clients modify and terminate protective orders for more than 35 years. With our experience and knowledge, we may be able to help you in your case.
With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Torrance, West Covina and Victorville, a skilled Wallin & Klarich lawyer is available to help you no matter where you work or live.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.