Video – Attorney Stuart Kirchick Explains Why Restraining Orders In A Domestic Violence Case Can Be A Double Edged Sword?

Ray Hrdlicka – Host – Attorneys.Media

“So, you mentioned restraining orders earlier. Are those effective or are they just a tool to enhance a charge? God forbid, should something further happen in that particular case?”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“I believe they’re effective. I think there’s a lot of situations that they’re necessary. I think, for the most part, it does give the person, the protected party, the ability to call the police and have more swift action come their way, and therefore more punishment on the person who violated the order. It ends up being another count, another court docket, another violation. And those will pile up when people keep violating them. So, I think they’re effective.

Now, I’ve had some situation where they’re not effective…are these scenarios. An arrest in a domestic violence case gets made. Let’s say, there’s a five-day emergency protective order. So, in five or ten days it expires. The parties get back together and they’re in love. The person who got arrested…the arraignment is not for two months from the date of the arrest.

So now they’re together for a month and a half. Everything’s going great. They get into court at the arraignment, and what happens? The judge and the DA want to issue a protective order, again. Protective the defendant from the victim and saying ‘you can’t live together’. And they’re like, ‘well, wait a second. No, we want to live together’. And then the judge will require the victim, ‘well, go to a class, a victim class. It takes two hours, an hour, and then come back and show me proof you completed the class. That shows you understand what a peaceful contact order means’. And in the meantime, they’re again apart for another two weeks, and it’s ridiculous. I mean, wait, ‘judge, they’ve been together for…they’ve been back together for a month and a half, waiting for the arraignment.’”

Ray Hrdlicka – Host – Attorneys.Media

“Does the judge listen to you? Does he hear what you’re saying?”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“Yeah yeah, but they do…but they want that class…the victim to take that class. So, a defense strategy in these situations, when you know the arraignments coming up and you see the parties are back together, which happens often…as you advise them up front.”

Ray Hrdlicka – Host – Attorneys.Media

“Get that class ahead of time.”

Stuart Kirchick– Criminal Defense Attorney – Santa Clara County, CA

“Get that class done and be in court, both of you, and we could ask for a peaceful contact order.”