Monder Law Group - News
Domestic Violence is defined as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or by marriage.”
Following a domestic violence episode, a dispute or any type of harassment there are several actions a victim, the court or a petitioner can take. This is where family law and criminal law terms collide.
A stay away order requires the accuser to stay away from the accused for a period of time. This is a criminal law issue. The Stay Order is issued by a Judge in domestic battery case. The judge would typically impose probation unless the defendant is found not guilty or the case is dismissed.
Regarding a restraining order, one is asking the court to protect himself or herself from another individual. For example, if you are being harassed by another individual, then you may file a restraining order to ask the court to stop the individual from harassing you. This is a Civil Proceeding. Normally, a restraining order is not related to a violate act.
In domestic violence situations, a no negative contact allows the defendant to have contact with the victim, but there cannot be any negative contact. This is a less restrictive form of a no contact order. A no contact order means the defendant cannot have any contact with the victim.
Typically, these terms are used interchangeably. However, these terms address different areas of law.
If you have questions about domestic disputes, contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit Domestic Dispute Attorney