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When charged with domestic violence, a judge will typically address the issue of whether a criminal protective order should be issued at the time of arraignment. A criminal protective order may be issued in two forms:
1. No contact; or
2. No negative contact.
A "No contact" criminal protective order prohibits the defendant from contacting the person identified in the order, whatsoever. A "No negative contact" criminal protective order will permit the defendant to have contact with the person identified in the order, but prohibits negative contact such as harassing, annoying, stalking, threatening, and striking that person.
Because there is usually a pre-existing relationship as between the parties identified in the criminal protective order (for example, husband and wife), the issuance of a "No contact" criminal protective order will have drastic consequences, including, but not limited to, forcing the defendant to move out of the home. After the issue is litigated by the parties' attorneys, the judge uses his or her discretion as to what type of criminal protective order to issue.
With the stakes being so high, it is necessary to have a trained attorney at arraignment to guide a defendant through these issues. Contact our office at 213-668-7569
to strategize for arraignment and issuance of a criminal protective order.
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