Enforcement of DV Protective Orders when Victim Contacts Defendant
If the victim of a domestic violence criminal case, whether a misdemeanor or felony, contacts the defendant who is subject to a protective order during the pendency of the domestic violence protective order, the victim cannot be held in contempt of court for contacting the defendant because the victim is not a party to the criminal action nor is the victim subject to the jurisdiction of the court or the court's order. If the victim initiates contact, regardless of his or her initiating contact, police and sheriffs must enforce the protective order. If you are arrested or charged with a crime involving domestic violence or violation of a protective order, whether a misdemeanor or felony, contact Christine McGuire, the Santa Cruz Domestic Violence Defense Attorney/Lawyer, Santa Clara Domestic Violence Defense Attorney.