What Is a Protective Order After a Domestic Violence Arrest in Bakersfield?

If you were arrested for domestic violence in Bakersfield, one of the first things you may encounter is a protective order.

Many people are surprised to learn that a protective order can be issued immediately, even before the case is resolved.

Understanding what it does—and what it prohibits—is critical.

What is a protective order?

A protective order (sometimes called a restraining order) is a court order that restricts contact between you and the alleged victim.

It may require you to:

• Have no contact (direct or indirect)

• Stay a certain distance away

• Move out of a shared residence

• Avoid third-party communication

• Surrender firearms

These orders can be issued at arraignment and often remain in place while the case is pending.

Does the other person have to request it?

Not necessarily.

In many domestic violence cases, the court issues a criminal protective order automatically as a precaution. Even if the alleged victim says they want contact, the judge may still order no contact.

This means:

• The court controls the order

• The alleged victim cannot “waive” it

• Violating it can lead to new charges

What happens if you violate a protective order?

Violating a protective order can result in:

• Immediate arrest

• Additional criminal charges

• Jail time

• Stricter conditions moving forward

Even a text message or responding to contact initiated by the other person can count as a violation.

Intent does not always matter. Compliance does.

Can a protective order be modified?

In some situations, a lawyer may request modification to allow:

• Peaceful contact

• Child custody exchanges

• Limited communication

However, this requires court approval. Never assume informal agreement is enough.

Why strict compliance matters

Judges take protective orders seriously. Violations can damage your credibility and weaken your defense in the underlying case.

Even if emotions cool down or reconciliation begins, you must follow the court's order until it is officially changed.

Speak with a Bakersfield domestic violence lawyer today

If you are facing a protective order after a domestic violence arrest in Bakersfield, Martens Law Firm can explain your options and help you navigate the next steps.

📞 Call (661) 336-9335 for a free consultation.

Written by Martens Law Firm