Domestic Violence Restraining Orders | PC 273.6 Explained
Domestic violence is a serious issue that affects many individuals and families across the world. In the state of California, domestic violence is defined as abuse or threats of abuse against an intimate partner, such as a spouse or ex-spouse, cohabitant, or someone with whom the abuser has had a dating relationship. This can also include abuse against a child or elderly person.
Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL for your free consultation!
What is a Domestic Violence Restraining Order?
A Domestic Violence Restraining Order (DVRO) is a legal order that helps protect individuals who have experienced domestic violence. It is designed to prevent the abuser from contacting or harassing the alleged victim, and may also include other provisions such as requiring the abuser to move out of the shared residence.
What Must the Prosecution Prove?
In order for a Domestic Violence Restraining Order to be granted, the prosecution must prove (i) that there is a history of abuse or threat of abuse, and (ii) that the alleged victim has a reasonable fear for their safety or the safety of their children. Evidence such as police reports, medical records, and witness statements may be used to support this claim.
Violating a Domestic Violence Restraining Order is a criminal offense in California, and can result in fines, jail time, or both. The severity of the penalties will depend on the specifics of the case and any prior convictions for similar offenses.
A defense attorney can help those who have been accused of violating a Domestic Violence Restraining Order by building a strong defense. Possible defenses may include lack of evidence, mistaken identity, or proving that the alleged violation was unintentional. The following are more possible defenses:
- False Accusation: Sometimes, individuals might make false accusations out of anger, vengeance, or to gain an upper hand in divorce or child custody proceedings. If the defense can prove that the accuser fabricated the allegations, it could be a strong defense.
- Lack of Knowledge of the Order: If the accused was not properly served with the DVRO, or if it can be proven that they were genuinely unaware of the order’s existence, this could serve as a defense. However, this defense only holds if ignorance of the order is genuine, and not willful ignorance.
- Constitutional Rights Violation: If the police violated the defendant’s constitutional rights while obtaining evidence, the defense attorney can file a motion to suppress this evidence, which could lead to the case being dismissed.
Remember, a defense attorney’s role is crucial for understanding and asserting these defenses in court.
How a Defense Attorney Can Help
Having an experienced defense attorney on your side can greatly increase your chances of successfully fighting a Domestic Violence Restraining Order. They can help gather evidence, challenge the prosecution’s case, and negotiate on your behalf. If you have been accused of violating a Domestic Violence Restraining Order in California, it is important to seek legal representation as soon as possible. So if you or someone you know needs help fighting a Domestic Violence Restraining Order, don’t hesitate to reach out to a trusted defense attorney for assistance. Remember, you don’t have to face these difficult situations alone. Let a skilled attorney advocate for you and protect your rights.
At Wallin & Klarich, you will never be left wondering what will happen next with your case. Our attorneys will help you through each step of the process, and figure out the best strategy for your case, which will help you get the best possible outcome. Our attorneys at Wallin & Klarich are here to help you. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!
Contact Wallin & Klarich Today
If you are facing a domestic violence restraining order, or violating an existing DVRO, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.