Legal Question in Criminal Law in California
I was asked a question recently and I have no idea of the answer, I was hoping someone would be able to tell me; If you file a Domestic Violence restraining order on someone who has a prior criminal record and can go to prison for 9 years of they get another crime against them, will the order cause them to be imprisoned?
3 Answers from Attorneys
No, but the only reason people file restraining orders against people is to have them arrested for violating the order, and depending on the person's probation or parole status that arrest could trigger a term of imprisonment.
Issuance of a restraining order won't get the restrained person jailed. However, the conduct which triggered the order may also be a crime and/or a parole violation, for which he could be jailed independently of the restraining order. Issuance of the order could increase the odds that law enforcement will find out about that conduct, though usually the petitioner will have reported the conduct directly.
Not if it is a restraining order issued civilly. If it is part of a new charge, issued by a criminal court, then conviction of the criminal charge will get them in trouble.
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