Conflcits between Civil and Criminal Protectice Orders
The law generally provides that a domestic violence protective/restraining order issued by the criminal court in a misdemeanor or felony case takes precedence in enforcement over a civil court order. For instance, in cases in which a criminal complaint, criminal information or criminal indictment charging domestic violence has been filed, a restraining/protective order against the defendant by the judge of the criminal court in the domestic violence criminal case has precedence in enforcement over a civil court order issued against the same criminal defendant. There is an exception however. If a judge in the civil court has issued an emergency protective order under Family Code Section 6250 or under Penal Code Section 646.91, the emergency protective order takes precedence in enforcement if the provisions of the emergency protective order are more restrictive in relation to the person restrained than the provisions of the other protective/restraining order. If you are arrested or charged with a crime involving domestic violence, contact Christine McGuire, the Santa Cruz Domestic Violence Defense Attorney, Santa Clara County Domestic Violence Attorney/Lawyer.