Emergency protective orders issued in connection with a California domestic violence stalking allegation
Stalking, when charged as a California domestic violence crime, takes place when an individual willfully follows or harasses and threatens his or her intimate partner with the specific intent of placing that partner in fear for his or her safety. Intimate partners, regardless of their sexual orientation, are married, divorced, living together, dating, formerly dating and persons who have children in common.
Emergency protective orders may be issued upon the request of an officer if he or she believes that a person is in immediate and present danger of being stalked by his or her intimate partner based upon that person’s allegations that he or she has been willfully, maliciously and repeatedly followed or harassed and threatened by his or her intimate partner.
Upon such an allegation, the officer must submit his or her request to a specially assigned judge who approves or denies emergency protective orders around the clock. The officer’s order must state the reason that the officer believes the order is warranted, the date and time that the order expires (which is between five and seven days after it is issued and served on both parties), the address of the local superior court and instructions, in both English and Spanish, that advise both the protected party and the restrained individual that the order will be in effect until the date and time listed. For the protected party, the order states that he or she may consult with an attorney about seeking a more permanent protective order. For the restrained individual, the order states that he or she may also want to consult with an attorney because the protected party may seek a more permanent order. It additionally states that the restrained party may not own, possess, purchase or receive or attempt to purchase or receive a firearm while the order is in effect.
The order will be issued if the judge believes that the officer’s application was based on reasonable grounds that there was an immediate and present danger of stalking and that the order is necessary to prevent the occurrence or further occurrence of the intimate partner’s stalking. The order may include a harassment protective order or a workplace violence protective order.
If the restrained individual violates any provision of the order (either with respect to engaging in further stalking behavior or by violating the firearm restriction), he or she is subject to being charged with contempt of court, punishable as a misdemeanor by up to one year in the county jail and/or by a maximum $1,000 fine. If the restrained party is also found guilty of the crime of stalking, that punishment will likely be imposed in lieu of this penalty.
Being served with an emergency protective order as the result of a domestic abuse stalking accusation can have severe consequences. In order to fully defend oneself against such an allegation, it helps to hire a qualified criminal defense lawyer to convince the judge that such an order is unwarranted. The skilled attorneys at the Kavinoky Law Firm specialize in intimate partner abuse cases and have successfully defended countless individuals who were accused of D.V. stalking. They have the training and experience to help an individual accused of stalking defend against the devastating consequences that a conviction could bring. Click here for a free consultation and for the best representation.
