Los Angeles Domestic Violence Protective Orders

Domestic violence cases in Los Angeles are taken extremely seriously by law enforcement, prosecutors, and the courts. One of the central legal tools used to safeguard individuals who report domestic violence under California Penal Code Section 273.5 PC and California Penal Code Section 243(e)(1) PC is the protective order, sometimes also referred to as a restraining order. In many domestic violence criminal cases, courts either strongly encourage or automatically issue a protective order that prevents the defendant from contacting the reported victim. Whether you are the accused or the person seeking protection, understanding the full scope of these orders—how they are obtained, how long they last, and what happens if they are violated—is critical.

It is equally important to recognize how protective orders interact with the underlying domestic violence charges, relevant statutes, jury instructions, and possible sentencing outcomes. This comprehensive guide explores the different types of orders, the legal standards involved, the relevant California Penal Code sections, and how courts handle sentencing in domestic violence matters, all while highlighting the crucial need for a skilled and experienced domestic violence attorney.

What Is a Domestic Violence Protective Order in Los Angeles?

In California, protective orders in domestic violence cases often stem from a concern that continued contact between the parties could lead to further harm, harassment, or intimidation. Under Penal Code sections such as 136.2, courts can issue “no-contact” or “stay-away” orders to prevent the accused from calling, emailing, texting, or otherwise communicating—directly or indirectly—with the protected person. In addition, violating a restraining order can trigger new criminal charges under Penal Code Section 273.6.

Beyond the statutory foundations, protective orders also find support in the California Family Code (sections 6200–6409) for civil domestic violence restraining orders and the Welfare and Institutions Code for elder or dependent adult abuse protective orders. Courts may further rely on local rules and standard practices that mandate or strongly encourage the imposition of restraining orders whenever a domestic violence charge is filed.

Defining Domestic Violence

Under California law, “domestic violence” is not limited to physical acts of violence. It can also encompass threats, harassment, stalking, and other forms of abuse committed against a current or former spouse, cohabitant, dating partner, co-parent, child, or certain other family members. Common statutes used to prosecute domestic violence include:

• Penal Code Section 243(e)(1) (Domestic Battery): Prohibits the use of force or violence against an intimate partner, even if there is no visible injury.
• Penal Code Section 273.5 (Corporal Injury to a Spouse or Cohabitant): This addresses situations where the victim has suffered a visible or traumatic injury resulting from an intentional act.

Because these charges involve intimate relationships or familial ties, courts are highly attentive to the safety of those involved and frequently issue protective orders to prevent any ongoing or future abuse.

Different Types of Domestic Violence Protective Orders

• Emergency Protective Order (EPO): An EPO can be issued by a judge—often at the request of law enforcement—when officers respond to a domestic violence call or when a victim seeks immediate protection. The emergency protective order is generally valid for up to seven days. During this time, the protected person can seek a longer-term restraining order.
• Temporary Restraining Order (TRO): If the victim (also referred to as the “protected person” or “petitioner” in a civil proceeding) files for a domestic violence restraining order, the court can grant a temporary restraining order. This order typically lasts until a formal hearing can be held, often within 20–25 days of the TRO’s issuance.
• Permanent Domestic Violence Restraining Order (DVRO): After the TRO hearing, a judge may issue a longer-term restraining order that can last up to five years, and it can be renewed if necessary. During the hearing, the petitioner must show by a preponderance of the evidence that abuse occurred or is likely to reoccur if the order is not granted. The respondent (the individual against whom protection is sought) has the right to appear at the hearing, present evidence, and challenge the request for a permanent order.
• Criminal Protective Order (CPO): In criminal court, when a defendant is arraigned on charges of domestic violence, the judge frequently issues a protective order as a condition of release or a term of bail. This remains active while the criminal case is pending and can sometimes be extended as part of sentencing or probation if there is a conviction.

How Protective Orders Are Served and Enforced

Service: A protective order is only valid against someone who has been officially notified of it. This means the respondent must be “served” with a copy of the order, ensuring they are made aware of the restrictions and the potential penalties for violating it. Service typically happens in person, but there may be alternative methods allowed by the court in specific circumstances.

Enforcement: Violating a protective order, even if the protected person initiates contact, can lead to an arrest and new criminal charges under Penal Code Section 273.6. Enforcement measures include arrest, potential prosecution, and the possibility of jail or prison time, depending on the nature of the violation and the respondent’s criminal history.

Firearm Restrictions

One of the most consequential conditions of a domestic violence protective order is the mandatory relinquishment of firearms. Under California law, a person subject to a domestic violence restraining order must surrender any firearms in their possession. They are also prohibited from purchasing, owning, or possessing firearms or ammunition for the duration of the order. Failure to comply with this condition can result in additional criminal charges.

Domestic Violence Jury Instructions

When a domestic violence case goes to trial, the court uses standardized jury instructions to explain the law and the elements of the crime to the jury. The California jury instructions relevant to domestic violence include, but are not limited to:

CALCRIM No. 840: Addresses the elements required to prove Corporal Injury to a Spouse, Cohabitant, or Fellow Parent under Penal Code Section 273.5. The jury must be convinced beyond a reasonable doubt that the defendant willfully inflicted a physical injury on the victim, resulting in a traumatic condition.

• CALCRIM No. 841: Covers Battery on a Spouse or Cohabitant under Penal Code Section 243(e)(1). The jury must find that the defendant willfully touched the victim in a harmful or offensive manner and that the victim was an intimate partner.
• CALCRIM No. 852: Governs the consideration of prior acts of domestic violence as evidence. Courts permit the introduction of previous domestic violence acts in some cases to show a propensity for committing such acts, although the jury must still evaluate all evidence fairly and not convict solely because of prior conduct.

These instructions illustrate the high burden the prosecution carries: proving each and every element of the offense beyond a reasonable doubt. If the alleged victim or another witness contradicts the elements set forth in the jury instructions, or if the prosecution’s evidence does not measure up to this strict standard, the jury must return a verdict of not guilty.

Penalties and Sentencing for Domestic Violence Convictions

If a defendant is convicted of a domestic violence offense in California, there are significant potential penalties. Sentencing can include:

• Probation: Many first-time offenders receive probation, which often lasts three to five years. A condition of probation may include completing a 52-week batterers’ intervention program, adhering to a protective order, submitting to searches, and refraining from using drugs or alcohol.
• Jail or Prison Time: Misdemeanor convictions (often associated with Penal Code Section 243(e)(1)) carry a maximum sentence of up to one year in county jail. Felony convictions (often associated with Penal Code Section 273.5) can result in two, three, or four years in state prison. If there are aggravating circumstances—such as prior convictions or serious bodily injury—the court can impose enhanced penalties.
• Fines and Fees: The court can impose significant fines, administrative fees, and restitution to the victim for medical costs, property damage, or other expenses stemming from the abuse.
• Criminal Protective Order Continuation: Following a conviction, the judge can maintain a Criminal Protective Order for up to 10 years, or even longer in certain cases, which continues to limit or prohibit contact between the defendant and the victim. Violating that order can lead to new criminal charges.
• Additional Consequences: A domestic violence conviction can also lead to immigration consequences (potential deportation or inadmissibility for non-U.S. citizens), loss of firearm rights, and difficulties in family law proceedings, such as custody battles. Employment and professional licensing opportunities may also be adversely affected.

Reducing or Modifying a Protective Order

While judges routinely issue protective orders in domestic violence cases, it is sometimes possible to request that a court reduce or modify the terms. For example, a judge can change a “no-contact” order into a “peaceful contact” order if the protected person consents and the judge believes doing so will not jeopardize the safety of the victim. Often, before making any modification, the judge wants to hear directly from the alleged victim or petitioner to ensure the request is voluntary and not coerced.

If you or a loved one are seeking a change to a protective order, you should consult with a qualified attorney. Proper documentation—such as proof of counseling or a letter from the protected person—may support your request for modification. However, a court will only grant such a request if it is convinced it is in the best interest of the protected party and does not undermine public safety.

What Happens if I Violate a Restraining Order in Los Angeles?

Violating a protective order, even if the protected individual initiates contact, can result in new charges under Penal Code Section 273.6. Depending on the circumstances and the defendant’s criminal history, a violation can be charged as either a misdemeanor or a felony. Misdemeanor charges can lead to up to a year in county jail and additional fines. Felony violations can carry up to three years in state prison, especially if there is violence, injury, or a history of violating court orders.

It is not a defense that the protected person “allowed” or “invited” the contact. Protective orders place the responsibility on the restrained individual to avoid all prohibited forms of communication and interaction. If you are subject to a restraining order, it is crucial to abide by its terms until it is officially modified or lifted by a court.

Defending Against Domestic Violence Charges and Protective Orders

Being charged with domestic violence is an overwhelming experience, especially when it comes with a mandatory protective order that can uproot your personal life. However, these orders are not automatically permanent, and the underlying charges still require proof beyond a reasonable doubt. Common defenses in domestic violence cases include:

• Self-Defense or Defense of Others: Demonstrating that any force used was necessary to protect oneself or another person from immediate harm.
• False Allegations or Fabrication: If evidence suggests the purported victim made false statements, it can cast serious doubt on the prosecution’s case.
• Lack of Injury or Proof of Injury: Particularly relevant in felony cases under Penal Code Section 273.5, where proof of a “traumatic condition” is required.
• Insufficient Evidence: Highlighting inconsistencies in the victim’s testimony, lack of corroborating evidence, or problems with law enforcement procedures can undermine the prosecution’s case.

Regardless of the defense strategy, effective legal representation is essential. A knowledgeable lawyer will scrutinize police reports, medical records, and witness statements to develop a strong defense or negotiate a favorable plea deal, if appropriate.

The Importance of Early Legal Intervention

From the moment police respond to a domestic violence call, the legal process begins. Law enforcement may issue an Emergency Protective Order on the spot, and the District Attorney’s Office often files criminal charges shortly thereafter. If you are the person accused, the immediate aftermath can feel chaotic and unfair—especially if you are forced to leave your home or are barred from contacting your family.

Retaining an experienced domestic violence attorney at the earliest opportunity is the best way to protect your rights. A lawyer can assist in requesting a modification of any protective orders, arguing for your release on reasonable bail conditions, and gathering evidence to present at future hearings. Early intervention is also critical if you are the victim seeking protection; legal counsel can ensure that any restraining order you obtain is comprehensive and properly enforced.

How Kraut Law Group Criminal & DUI Lawyers Can Help

At Kraut Law Group Criminal & DUI Lawyers, we understand how emotionally and legally complex domestic violence cases can be. We have extensive experience representing individuals in Los Angeles and surrounding areas, whether they are the accused or the victims seeking protection. Led by Michael Kraut—formerly a Deputy District Attorney with over 14 years of prosecutorial experience—our team offers unmatched insight into how the prosecution builds its case and how judges approach protective orders.

• Personalized Strategy: Every client receives individualized attention. We dissect the evidence, interview witnesses, and explore all possible defenses to ensure your side of the story is effectively presented.
• Protective Order Assistance: Whether you are seeking to obtain a protective order, challenging one you believe is unjust, or looking to modify its terms, our attorneys will guide you through the legal steps with skill and compassion.
• Aggressive Defense in Court: From pre-trial hearings to trial, we fight relentlessly to protect our clients’ rights. We also strive to keep clients informed about every development in their case.
• Crisis Management: Domestic violence charges can disrupt your life, impacting employment, immigration status, and custody of children. We coordinate with investigators, social workers, and other professionals to build a holistic defense or resolution strategy.

Protective orders are central to domestic violence cases in Los Angeles. They serve to shield victims from ongoing harm but also carry significant consequences for individuals accused of domestic violence—restricting contact with loved ones, imposing firearm prohibitions, and exposing them to additional criminal liability if the order is violated. Understanding the legal framework behind protective orders, including relevant Penal Code sections (like 273.6 for violations and 273.5 for corporal injury), jury instructions (such as CALCRIM Nos. 840, 841, and 852), and potential sentencing outcomes, is crucial for anyone involved in a domestic violence case.

Contact Us Now for a Free Consultation

If you or a loved one are facing a domestic violence charge or a related protective order, contact Kraut Law Group Criminal & DUI Lawyers as soon as possible. Our office is located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028, and we can be reached 24/7 at 888-334-6344 or 323-464-6453. We offer a free initial consultation to discuss your legal options. Let our experience, knowledge, and dedication serve you in this critical time.

---