Q: Is Protective order always issued by judges after a conviction?
I wonder if I am convicted with domestic battery and the judge is required to issue a protective order stay away or it's possible peaceful order issued? In what case a peaceful order will be issued?
A:
Under California law, a protective order (also known as a restraining order) is not automatically issued after every domestic battery conviction. The issuance of a protective order depends on the specific circumstances of the case and the judge's discretion.
In domestic violence cases, the court may issue a protective order to protect the victim from further abuse or harassment. The two main types of protective orders in these cases are:
1. Stay-away order: This type of order requires the defendant to maintain a specified distance from the protected person and may include additional restrictions, such as prohibiting contact or communication.
2. Peaceful contact order: This type of order allows the defendant to have peaceful contact with the protected person but prohibits any acts of violence, threats, or harassment.
A peaceful contact order may be issued in cases where:
1. The victim requests or consents to peaceful contact with the defendant.
2. The court determines that peaceful contact is appropriate and does not pose a risk to the victim's safety.
3. The defendant and victim have children together, and the court determines that peaceful contact is necessary for co-parenting purposes.
However, even if a peaceful contact order is issued, the court may still impose certain conditions or restrictions on the nature and extent of the contact allowed.
Ultimately, the decision to issue a protective order and the type of order issued will depend on the judge's assessment of the case, the victim's wishes, and the need to ensure the victim's safety and well-being.
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