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Restraining Order Violation

Criminal Attorney Donte Wyatt - 

  • If you have issues with a Restraining Order you need a criminal attorney 

 

Restraining Order

Under certain circumstances the court will order a person to stay away from a location, area or even a person. Restraints of this nature are often civil nature, but can be ordered as a condition of probation or under provisions specifically designed to protect victims of domestic violence or sex crimes.

restraining order and orders

In addition, in the past the San Diego District Attorney have sought and obtained civil gang injunctions. Whenever the court orders a person not to have contact with a person or be within a certain distance of a particular location if the person violates the court order they can be charged with a criminal offense. If a person is charged with violating a court order the district attorney must prove:

1. A court lawfully issued a written order that the defendant ;

2. The defendant knew about the court order and its contents;

3. The defendant had the ability to follow the court order; AND

4. The defendant willfully violated the court order.

Someone commits an act willfully when he or she does it willingly or on purpose. The district attorney must prove that the defendant knew about the court order and that (he/she) had the opportunity to read the order or to otherwise become familiar with what it said. But the district attorney does not have to prove that the defendant actually read the court order. If a person is charged with violating a court order, whether it is related to a domestic violence case or a gang injunction it is important to contact a criminal attorney as soon as possible. An experienced criminal attorney will be able to evaluate the legality of the underlying order. In addition, the experience criminal attorney will be able to evaluate if the person charge had notice and if the violation was in fact willful.
San Diego Criminal Attorney Donte Wyatt has extensive experience handling domestic violence, and gang cases and the accompanying restraining orders. If a person is seeking a restraining order against you or a loved one it is important to obtain the advice of an attorney. If the court orders a restraining order against you it can affect your ability to be hired in certain situations and to possess a gun. San Diego Criminal Attorney Donte Wyatt can advise you as to what your options are if a person is seeking a restraining order against you.


Source: http://www.dontewyatt.com

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 Donte T Wyatt ESQ

   619-807-9505

1010 Second Ave
Ste # 1020
San Diego, CA, 92101

Donte@dontewyatt.com

   

 
 
 

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