Urgent: Why Restraining Orders Can Backfire in DV Cases
Can a restraining order backfire in a DV case? Sometimes, explains San Jose attorney Stuart Kirchick—though he finds them effective. His example: an emergency order expires, the couple reconciles, but at a later arraignment the judge reimposes a no-contact order, separating them until the protected person completes a class. His fix: complete that class early and request a peaceful-contact order.
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Answered by Stuart Kirchick · San Jose, CA
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Can a restraining order backfire in a DV case?
Sometimes, though he finds them effective—an emergency order may expire and the couple reconcile, but at a later arraignment the judge can reimpose a no-contact order separating them until the protected person completes a class.
How do violations add up?
Repeated violations pile up into new charges, so his practical tip is to complete the required class early and request a peaceful-contact order before the arraignment.
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