If you’ve been accused of violating a restraining order in California, the most important step is to avoid any contact with the person who filed the order.
Escalating the situation will only worsen your case. Violating a restraining order is a serious matter that can lead to fines, jail time, and a permanent criminal record. It’s natural to feel overwhelmed by such accusations, but acting quickly and strategically is essential to protecting your rights.
Our Los Angeles criminal defense lawyers are here to guide you through this challenging time and provide the information you need to navigate your case effectively.
What Is a Restraining Order Violation?
Under California Penal Code Section 273.6(a), any intentional and knowing violation of a restraining order is considered a misdemeanor offense. This includes protective orders issued under:
- Family Code Section 6218, involving domestic violence and abuse cases
- Code of Civil Procedure Sections 527.6, 527.8, and 527.85, which address harassment, workplace violence, and school safety concerns
- Welfare and Institutions Code Section 15657.03, relating to elder or dependent adult abuse
For a violation to occur, the prosecution must prove:
- A Valid Restraining Order Was in Place: A valid and enforceable restraining order existed at the time of the alleged violation.
- You Knew About the Order: You were aware of the restraining order and its terms.
- You Intentionally Violated the Order: Your actions were intentional and knowing, and they violated the restrictions outlined in the order.
There are many ways you can violate a restraining order. It’s important to be aware of your limitations to protect yourself.
For a free legal consultation, call (310) 896-2723
Penalties for Violating a Restraining Order
Violating a restraining order is generally charged as a misdemeanor in California, punishable by:
- Up to 1 year in county jail
- Fines of up to $1,000
- Both jail time and fines
However, the penalties can increase if aggravating factors are present, such as:
- Repeat Offenses: A second or subsequent violation can be charged as a felony, leading to harsher penalties.
- Injury to the Protected Party: If the violation involved physical harm or threats of violence, additional charges may apply.
- Use of a Weapon: Violations involving firearms or other dangerous weapons may result in enhanced penalties.
Additionally, a restraining order violation can lead to other consequences, such as modifications to the restraining order, loss of gun rights, and a permanent mark on your criminal record.
What Steps to Take if You Are Accused of Violating a Restraining Order
If you are accused of violating a restraining order, it is crucial to act carefully and protect your legal rights. Here’s what you should do:
1. Remain Calm and Avoid Escalation
Do not confront the person who filed the restraining order or attempt to resolve the situation on your own. Any contact with the protected party could worsen the situation and lead to additional allegations.
2. Review the Terms of the Restraining Order
Carefully review the terms and conditions of the restraining order to understand what is prohibited. Orders may include restrictions on:
- Contacting the protected party (in person, by phone, text, email, or social media)
- Visiting specific locations, such as the protected party’s home, workplace, or school
- Possessing firearms or other weapons
Understanding the order’s terms can help you avoid further violations.
3. Gather Evidence and Documentation
Document your actions and gather any evidence that may support your defense. This could include:
- Witness statements
- Text messages, emails, or social media posts
- Surveillance footage or other relevant records
If you believe the accusation is false or based on a misunderstanding, evidence can play a critical role in proving your innocence.
4. Contact an Experienced Criminal Defense Attorney
An attorney with experience handling restraining order cases can help you understand your legal options and build a strong defense. Your lawyer can:
- Assess the validity of the restraining order and the evidence against you
- Identify defenses, such as lack of intent or insufficient evidence
- Represent you in court and negotiate with prosecutors to reduce or dismiss the charges
5. Comply With the Order Moving Forward
While your case is pending, it’s essential to comply fully with the restraining order to avoid further accusations. Even unintentional contact with the protected party can have serious consequences.
Defenses Against Restraining Order Violations
There are several defenses that may apply if you are accused of violating a restraining order:
1. Lack of Knowledge
If you were not aware that a restraining order was issued against you or did not receive proper notice, you may have a valid defense.
2. Lack of Intent
The prosecution must prove that you intentionally and knowingly violated the order. If the violation was accidental or unintentional, your attorney can argue that you did not act with criminal intent.
3. False Accusations
In some cases, the protected party may falsely accuse you of violating the order out of revenge, anger, or a desire to gain an advantage in a legal dispute. Your lawyer can gather evidence to challenge the credibility of the allegations.
4. Ambiguous Terms
If the restraining order contains vague or unclear terms, it may be difficult to determine whether a violation occurred. Your attorney can argue that the alleged violation was not intentional due to the ambiguity of the order.
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Contact a Los Angeles Criminal Defense Law Firm Today
If you’ve been accused of violating a restraining order in California, don’t wait to seek legal help. The sooner you have an experienced attorney on your side, the better your chances of avoiding harsh penalties and protecting your future.
Call Simmrin Law Group today for a free consultation, or fill out our online form to get started. Let us help you through this difficult time and provide the legal support you deserve.
Call or text (310) 896-2723 or complete a Free Case Evaluation form