Sunday, January 24, 2010

Can an order of protection from CA be used in a federal criminal case?

how can an order of protection be used in federal criminal cases against a client?Can an order of protection from CA be used in a federal criminal case?
Violating an order of protection could also be considered a violation of your civil rights. Civil rights violations are federal.Can an order of protection from CA be used in a federal criminal case?
Hmmm.. good question.





Because the protection order is a civil order made by a Superior Court Judge in CA, based on CA law, then a violation of that order would be handled in a CA Superior Court.





However, if a Federal Court is hearing a case over which it alone has jursdiction and the Superior Court-issued protective order is relevent evidence in that federal case, then the Federal Court will consider the protective order as it would any other relevent evidence.





I hope this helped.
An Order of protection is just that and Order protecting.


Use in a Federal Case would be under a RICO crime Act.


A Federal prosecution, can add the state charges, as a viable way to show the person they have, does not need to be released, asking for a Bail Enhancement, or just plain waiting for trial without bail.
Orders of protection are civil actions. Not really sure why they would try to use this in a federal case, unless it involved kidnapping. It can be used to show the character of the person involved in the case. Chances are the defense would fight the use of it. More info here would help.
If it is relevant to an issue at trial, it can be used. If it is not relevant it cannot be used. Not sure what you are trying to ask, but I hope this helps.

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