Criminal Attorney Donte Wyatt -
If you have issues with a Restraining Order you need a criminal attorney
Under certain circumstances the court will order a person to stay away from a location, area or even a person.
Restraints of this nature are often civil nature, but can be ordered as a condition of probation or under
provisions specifically designed to protect victims of domestic violence or sex crimes.
In addition, in the past the San Diego District Attorney have sought and obtained civil gang injunctions. Whenever
the court orders a person not to have contact with a person or be within a certain distance of a particular
location if the person violates the court order they can be charged with a criminal offense. If a person is charged
with violating a court order the district attorney must prove:
1. A court lawfully issued a written order that the defendant ;
2. The defendant knew about the court order and its contents;
3. The defendant had the ability to follow the court order; AND
4. The defendant willfully violated the court order.
Someone commits an act willfully when he or she does it willingly or on purpose. The district attorney must prove
that the defendant knew about the court order and that (he/she) had the opportunity to read the order or to
otherwise become familiar with what it said. But the district attorney does not have to prove that the defendant
actually read the court order. If a person is charged with violating a court order, whether it is related to a
domestic violence case or a gang injunction it is important to contact a criminal attorney as soon as possible. An
experienced criminal attorney will be able to evaluate the legality of the underlying order. In addition, the
experience criminal attorney will be able to evaluate if the person charge had notice and if the violation was in
San Diego Criminal Attorney Donte Wyatt has extensive experience handling domestic violence, and gang cases and the
accompanying restraining orders. If a person is seeking a restraining order against you or a loved one it is
important to obtain the advice of an attorney. If the court orders a restraining order against you it can affect
your ability to be hired in certain situations and to possess a gun. San Diego Criminal Attorney Donte Wyatt can
advise you as to what your options are if a person is seeking a restraining order against you.
Back to Top of