Criminal Defense Q&A: How Can I Visit My Husband in Jail If the D.A. Put a Restraining Order on Him?
Question:
Can I visit my husband in jail if the DA put a protective order, and what will happen to him if I do? We went to court and the DA placed a protective order even though I didn’t want one (and neither did he). They told him in court he’s not allowed any kind of contact with me or our son, but I really need to see him.
Answer:
It would not be advisable to visit your husband if there is a restraining order against him. Even though you wish to see him, the restraining order will be in effect during your visit. Essentially, by visiting your husband, you will be causing him to violate the restraining order.
This may seem odd at first, but be aware that only the Court can modify a restraining order, not the alleged victim. See Penal Code §13710(b).
Violating a restraining order is a misdemeanor that is punishable by up to 1 year in jail, up to a fine of $1,000, or both jail time and the fine. See Penal Code §§273.6(a), (c); 166(c)(1).
In Orange County, the victim, the restrained person, or both can petition the Court to terminate the criminal restraining order early: https://occourts.org/forms/local/l402.pdf. At a hearing, the Court will listen to both sides and decide whether to end the restraining order early or allow it to remain in effect.
If you wish to terminate the restraining order, It would be prudent to consult with a criminal defense attorney in your area regarding how best to present your petition to terminate the restraining order early.
Read other criminal defense attorney answers at Avvo: How Can I Visit My Husband in Jail If the D.A. Put a Restraining Order on Him?
Attorney Michael J. Ocampo is a former deputy district attorney. He focuses his practice exclusively on criminal law so that he can help those accused of a crime — often ordinary, everyday people — ensure that their rights are honored and that they receive a fair opportunity to be heard.
