Modification of Domestic Violence Protective Orders
Persons accused or convicted of misdemeanor or felony
domestic violence often request a court to modify a criminal court protective order issued as a complete stay away asking the judge to permit peaceful contact instead of a stay away. When a person requests modification of a protective order after sentencing the judge must give the prosecutor an opportunity to respond to the request. The law provides that before any sentence or term of probation including a protective order is modified, a hearing shall be held in court and the prosecutor must be given an opportunity to be heard. The law requires 5 days notice to the prosecutor if the request is to modify or terminate a protective order issued in a case involving domestic violence. If you have been arrested or charged with a crime involving domestic violence, contact Christine McGuire, the Santa Cruz Domestic Violence Defense Attorney/Lawyer, Santa Clara County Domestic Violence Defense Attorney/Lawyer.