Legal Question in Criminal Law in California
If there is a finding in civil court for a restraining order that a person was the perpetrator of domestic violence, is that the same as a finding of guilt in criminal court?
Asked on 1/29/12, 11:11 pm
2 Answers from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
No. The restraining order case is civil rather than criminal, and the standard of proof is lower. There are other differences as well. The respondent could also be charged with a crime based upon the same facts, but that would be a separate case.
Answered on 1/29/12, 11:20 pm
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. Hoffman. The restraining order is in the nature of an injunction, and is not a conviction for a crime. There is a similarity in that law enforcement has a record of the restraining order, and there is usually a prohibition on owning or obtaining firearms.
Answered on 1/30/12, 7:31 am
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