Domestic violence charges in California can result from allegations from a partner or family member. They can also follow an incident where concerned neighbors or strangers contacted law enforcement.
Particularly in scenarios where another party makes accusations of domestic violence, the courts might issue a protective order at their request. Also known as restraining orders, protective orders limit the contact between people who have volatile relationships or the victim of a crime and the person who broke the law. People subject to protective orders generally need to follow them carefully to avoid worsening their legal situation.
Violations can lead to additional charges
Many protective order violations might start with a desire to resolve pending domestic violence charges. People might convince themselves that if they could just talk the matter through with the other party, then they could settle everything outside of court.
However, state prosecutors often only pursue domestic violence charges when they feel confident about securing a conviction, regardless of the other party’s involvement in the case. Even if the person accused of domestic violence can repair their relationship with the other party, that may not be enough to prevent their prosecution.
Additionally, attempts to communicate, whether they involve phone calls, emails or an in-person visit, could constitute a violation of the protective order. The state can pursue misdemeanor or felony charges related to the violation of the protective order in addition to any domestic violence charges already underway.
Responding to a request for a protective order and following the restrictions it imposes are of the utmost importance for those trying to avoid a domestic violence conviction.