Legal Question in Criminal Law in California

Can DA place restraining order without victim's consent?

My 18 year daughter punched me in the nose - VERY minor, not even bruised, just a little swollen. This is her first criminal offense (as an adult), she was sentenced 30 days in jail, FOUR years probation, among others. Here's the kicker: at her jail arraignment the DA put a FOUR YEAR restraining order on her to not see/contact me. How is this possible? She is 18 and will have no place to live when she's released in about 2 weeks. She does not have a violent history, and I DO NOT FEAR HER! What can I do, and is this even legal for the restraining order to be placed without my consent?


Asked on 7/09/11, 2:32 pm

2 Answers from Attorneys
Jacob Zamora Sierra Law Center, APC

The DA can seek a restraining order from the court over your objection. Sometimes, the judge will consider the wishes of the victim when issuing a restraining order.

You should go to the DA and tell them that you do not want the restraining order. If the DA ignores you, then you should go to court, preferable with an attorney, to get the restraining order dissolved.

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Answered on 7/09/11, 2:52 pm
Joe Dane Law Office of Joe Dane

The case will have to be put on calendar and in front of the judge who issued the order. You can request that it be either entirely lifted or at least modified to a no violent contact order, rather than a complete stay away order.

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Answered on 7/10/11, 11:43 am


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