Los Angeles Domestic Violence and Criminal Protective Orders Attorney

Domestic violence is taken very seriously in California, and one of the most common immediate consequences for an individual arrested on suspicion of domestic violence is the issuance of a protective order. Protective orders can have wide-ranging effects, including prohibiting contact between the defendant and the alleged victim and placing serious restrictions on the defendant’s ability to live freely. For anyone facing a domestic violence charge in Los Angeles or anywhere in California, it is critical to understand the different types of protective orders, how they are issued, the impact they can have, and the potential legal defenses available. At Kraut Law Group Criminal & DUI Lawyers, our domestic violence attorneys have extensive experience helping clients navigate these issues, fight unfair allegations, and work toward the best possible outcome.

How Does California Define Domestic Violence?

In California, “domestic violence” is defined broadly to include various types of harmful or threatening behaviors against an intimate partner or a family member. Common charges include Penal Code Section 273.5 (infliction of corporal injury on an intimate partner) and Penal Code Section 243(e)(1) (misdemeanor domestic battery). Despite the differences in how these charges are filed, both can lead to criminal protective orders as soon as a case is initiated.

Because domestic violence cases carry emotional and social stigma, prosecutors and judges will frequently err on the side of caution. This can mean imposing strict protective orders even when the facts of the case may be unclear. It also means defendants often need an experienced legal advocate to contest these orders and demonstrate that they are overly broad or unwarranted.

What Are Criminal Protective Orders in Los Angeles?

Under California Penal Code Section 136.2, a court may issue a criminal protective order (CPO) against a defendant who has been charged with domestic violence or certain other crimes, such as stalking or elder abuse. The purpose of such an order is to protect the named victim or witness from further violence, threats, or harassment.

A criminal protective order can prohibit all contact (a “No Contact” order) or allow limited, peaceful contact (often referred to as a “Level One” order). In many domestic violence cases, courts favor issuing a no-contact order, especially in the early stages of the case, due to concerns for the alleged victim’s safety. However, if the alleged victim and defendant are still living together or share children, the defense may ask the court to modify the order to allow for peaceful contact that enables the parties to attend to childcare, financial obligations, or medical needs.

Defendants subject to a criminal protective order must also surrender any firearms in their possession and are prohibited from owning or possessing firearms for the duration of the order. Violating a criminal protective order is a serious offense that can result in additional criminal charges, increased bail, and other penalties.

When Is a Criminal Protective Order Issued?

A criminal protective order is typically issued at a defendant’s arraignment, the first court appearance after charges have been filed. At that hearing, the judge decides on conditions of the defendant’s release if the defendant is not already in custody. The prosecution often requests the protective order, but the judge can issue it on their authority if they believe it necessary. Defendants must be personally served with the order, meaning they typically need to be present in court to receive and acknowledge it.

Although criminal protective orders are most commonly associated with domestic violence cases, they can also be issued in situations involving elder abuse under Penal Code Section 368 or other cases where the court finds a protective order necessary to protect a victim. An experienced attorney can argue against the imposition of such orders when the alleged crime does not involve the type of relationship or circumstances that justify the order.

Emergency Protective Orders

An emergency protective order (EPO) differs from a criminal protective order primarily in how and when it is issued. Police officers can request an EPO from a judge at any hour of the day when they believe a victim is in immediate danger. These orders generally last up to seven days and are intended to provide temporary protection to an alleged victim until a more formal hearing can be held.

While an EPO is short-lived, it can still have significant implications. Once it expires, the prosecution can—and often does—seek a longer-term criminal protective order in court.

Domestic Violence Protective Orders in Civil Court

Beyond the criminal court system, an alleged victim of domestic violence can also seek a domestic violence restraining order (DVRO) in civil court. This petition is usually filed independently of any criminal case. In California, the filing fee for a domestic violence restraining order is typically waived to encourage victims of domestic violence to come forward.

In these civil proceedings, the person seeking protection (the “petitioner”) must serve the individual from whom they want protection (the “respondent”) with the petition and notice of the hearing date. The court may issue a temporary restraining order (TRO) to protect the petitioner until the DVRO hearing can be held. These hearings usually occur within a few weeks of the filing of the petition.

The standard of proof in a civil DVRO hearing is “preponderance of the evidence,” which is lower than the “beyond a reasonable doubt” standard required in a criminal prosecution. This means the petitioner must only show it is “more likely than not” that the respondent committed an act of domestic violence or poses a risk of doing so in the future.

If the court is convinced by the petitioner’s evidence, it can grant a long-term domestic violence protective order. The respondent may be ordered to stay away from the petitioner and relinquish firearms. In many cases, the court may also require the respondent to complete a 52-week batterer’s intervention program. Because statements made at a civil hearing can be used against a respondent in a criminal proceeding, many defendants choose to request a continuance of the civil matter until the criminal case is resolved, or they seek representation to navigate both cases simultaneously.

Jury Instructions in Domestic Violence Cases

In criminal trials, the court provides specific instructions to the jury to ensure they understand the legal standards and elements of the charge. In California, these are known as CALCRIM instructions. They lay out exactly what the prosecution must prove to secure a conviction.

For example, for the charge of corporal injury to a spouse, cohabitant, or co-parent under Penal Code Section 273.5, CALCRIM 840 instructs the jury that the prosecutor must prove:

• The defendant willfully inflicted a physical injury on the victim.
• The injury resulted in a traumatic condition.
• The defendant did not act in self-defense or defense of others.

These instructions also clarify that an act is “willful” when it is done willingly or on purpose, and a “traumatic condition” means any wound or bodily injury caused by the direct application of physical force. Understanding these jury instructions is vital for building a strong defense strategy. A skilled defense attorney will scrutinize the evidence to determine whether the prosecution can satisfy each element of the offense beyond a reasonable doubt.

What Are the Penalties for a Domestic Violence Conviction in California?

Sentencing in domestic violence cases can vary widely depending on the specific charges, the severity of the injuries, the defendant’s prior record, and other factors. Under Penal Code Section 273.5, a defendant can face either misdemeanor or felony charges (a “wobbler”) depending on the circumstances. A conviction can lead to:

• Jail or prison time: A misdemeanor conviction can result in up to one year in county jail, while a felony conviction can lead to two, three, or four years in state prison.
• Probation: Courts often impose domestic violence probation with strict conditions, such as attending batterer’s intervention programs, surrendering firearms, and avoiding any further violations of the law.
• Fines and fees: Defendants may be required to pay significant fines, as well as court fees, restitution to the victim, and costs associated with mandated treatment programs.
• Protective orders: Even if not requested by the victim, courts often impose criminal protective orders as part of sentencing. Violating these orders can lead to additional charges.
• Future consequences: A domestic violence conviction can have collateral consequences that extend far beyond the criminal sentence, including immigration issues, child custody disputes, and professional licensure complications.

In misdemeanor domestic battery cases under Penal Code Section 243(e)(1), the penalties can include up to one year in county jail, fines, and probation. While these penalties are somewhat less severe than those for felony charges, the stigma and potential collateral consequences remain significant.

Fighting a Domestic Violence Charge and Protective Order

If you have been arrested for domestic violence and face a criminal protective order, it is essential to consult with an experienced defense attorney immediately. Common defenses in these cases include:

• False allegations: In some situations, an alleged victim may fabricate or exaggerate claims of abuse.
• Self-defense or defense of another: The defendant may have used reasonable force to protect themselves or someone else.
• Insufficient evidence: Prosecutors must prove all elements of the offense beyond a reasonable doubt. If key evidence or credible witnesses are lacking, the case may be weak.
• Lack of intent: The prosecution must show the defendant acted willfully. Accidental harm or misunderstandings may not rise to the level of criminal liability.

By hiring a knowledgeable lawyer, you give yourself the best chance to challenge a prosecutor’s evidence and argue against unnecessarily restrictive protective orders. An attorney can also help negotiate a resolution that avoids severe penalties or a criminal record, such as entering a diversion program or agreeing to counseling, depending on the facts of the case.

How Can Kraut Law Group Help Defend Against Domestic Violence Charges?

At Kraut Law Group Criminal & DUI Lawyers, we understand the devastating impact that a criminal charge and protective order can have on your life. As a former Deputy District Attorney with more than 14 years of prosecutorial experience, Michael Kraut has an insider’s view of how the government builds and prosecutes domestic violence cases. This unique perspective allows him to craft tailored defense strategies aimed at achieving the best possible outcome for his clients.

Our approach includes:

• Thorough investigation of the allegations to uncover inconsistencies or evidence that supports your defense.
• Skilled negotiation with prosecutors to seek reduced charges, alternative sentencing, or dismissal if the facts warrant it.
• Vigorous advocacy at hearings for protective orders to prevent or limit contact restrictions and maintain family unity, where appropriate.
• Familiarity with local Los Angeles courts, judges, and procedures to ensure your case is handled with the utmost professionalism.

We know that every domestic violence case is unique, and we approach each situation with the individualized attention it deserves. Our goal is to help you move forward with your life, protecting your rights, your freedom, and your reputation.

Contact a Skilled Domestic Violence Lawyer Today!

If you or a loved one has been arrested for domestic violence or is facing a criminal protective order or domestic violence restraining order, do not wait to seek help. The stakes are high, and early intervention can be the difference between a favorable resolution and more serious consequences.

Contact Michael Kraut at Kraut Law Group Criminal & DUI Lawyers to schedule a free and confidential consultation. Our office is located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. We can be reached 24/7 at 888-334-6344 or 323-464-6453. Let us put our extensive experience to work for you. We stand ready to defend your rights and guide you through this difficult process, ensuring you receive the most comprehensive defense possible.