How many yards is a stay away order?
How many yards is a stay away order?
about 100 yards
“Stay away” orders dictate a distance that must be maintained between the affected persons (often about 100 yards, although accommodations can be made). “Stay away” orders also can include restrictions on places the restrained person can go, such as the home of a spouse or the restrained person’s workplace.
What does a stay away order do?
The Stay-Away Order is issued when the criminal case is initiated and the defendant makes his or her first appearance in court (the arraignment). The Order specifies what the defendant can and cannot do. Generally, the Order specifically prohibits the defendant from having any contact with the victim.
What’s the difference between a stay away order and a restraining order?
In California, a “stay-away” order is just what it sounds like: Also known as a Criminal Protective Order (CPO), it’s a court order that obliges one person to keep away from another. A Civil Restraining Order is something that the alleged victim of a domestic violence incident petitions the court directly.
How long does a stay away order last?
Temporary restraining orders usually last about 20 to 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a “permanent” restraining order. They are not really “permanent” because they usually last up to 5 years.
What happens if the victim violates the order of protection?
Violating a criminal protection order is a Class 1 misdemeanor. On a first offense, you may face 6 to 18 months in jail and $500 to $5,000 in fines. Any subsequent offense is a Class 1 extraordinary risk misdemeanor with a penalty of 6 to 24 months in jail and $500 to $5,000 in fines.
Can a stay away order be removed?
If a restraining order is to be removed, a person must freely and voluntarily request the modification by filing a petition with the clerk of the court that ordered it. If you are looking to modify or terminate a restraining order, you should retain the services of a defense attorney to help secure a favorable outcome.
What is a full stay away?
A Stay Away Order is an Order issued by a Judge in a domestic violence, domestic battery, or stalking case. Judges in domestic assault and stalking cases always impose a period of probation unless the person accused of domestic violence is found not guilty or the district attorney dismisses the case. …
How hard is it to fight a restraining order?
In most situations, fighting a restraining order will be very difficult if there is good evidence against the person whom restraint is sought against. However, if you are facing a restraining order hearing, it would be wise to contact a qualified attorney as there may be more at stake than you realize.
What violates a protective order?
A protective order can prohibit you from talking to someone, going certain places, and even take away your firearms. Doing anything that violates the protective order is a separate offense and may be charged as a misdemeanor or felony.
What are the rules of a stay away order?
A standard stay-away order forbids contact between two parties. That means, the accused must stay 500 feet away from the accuser until the order is modified.
How can a stay away order be modified?
A stay-away order can be modified provided the alleged victim comes to court and explains to the judge that he or she is not afraid of the defendant and wishes to live with them again. The judge will then modify the stay-away order, permitting the accused to return home, or for accused and accuser to be together again.
What’s the difference between a civil and criminal stay away order?
The main difference is that the Stay-Away Order (Criminal Protective Order) arises out of a criminal case and is issued in criminal court by a Judge while the Civil Restraining Order is issued by civil or family law Judges.