A restraining order is a legal order preventing an alleged abuser from approaching the protected person or contacting them. It also prohibits the restrained person from engaging in violent or threatening behaviors against the protected person. But what happens if someone violates a restraining order in California? Get the facts about restraining order violations and learn the potential consequences and legal defenses that may be available.
The California Penal Code 273.6 addresses the matter of restraining order violations and describes "any intentional and knowing violation of a protective order" as a criminal offense. In other words, if an individual is properly served with a restraining order or a stay-away order, they must comply with the terms of the order, regardless of whether they agree with the order or not.
Since restraining orders and stay-away orders are common in domestic violence cases, it is important to understand that a violation of a domestic violence restraining order could result in additional charges of domestic violence crimes. For example, if an individual has a restraining order that prevents them from following, contacting, or keeping surveillance of a victim and they continue to engage in these behaviors, they may be facing stalking charges in addition to the restraining order violation.
Violating the terms of a restraining order in California is considered a criminal offense. However, in order for someone to be convicted of the violation of a restraining order, the prosecution needs to prove that certain factors apply to your case.
First, they need to show that a restraining order has been issued against you. Second, they need to prove you were fully aware of the restraining order and had a chance to read it thoroughly and understand its terms. Next, they need to demonstrate that you were capable of obeying the restraining order. Finally, the prosecution must demonstrate that you violated the restraining order willfully, meaning you did so on purpose even though you knew you were not supposed to. If the prosecution can successfully prove all of these factors, it is possible that you may be convicted of a criminal offense.
The violation of a restraining order is a criminal offense in California. In most cases, it is considered a misdemeanor, which could result in a jail sentence of up to one year and a fine of up to $1,000.00. Some judges may allow a person who violated a restraining order to receive summary probation instead of jail time. The restraining order remains in effect until its expiration date.
However, if the restrained person commits a second or subsequent violation and engages in violent actions against the protected person during the violation, the offense may become what is called a "wobbler" offense. In other words, it could be charged as a misdemeanor or a felony. An individual charged with a felony violation could be facing significantly harsher consequences, including a hefty fine of $10,000.00 and up to three years in prison.
If you are being charged with a violation of your restraining order, reach out to a criminal defense attorney as soon as possible. Your attorney may be able to use a few different legal defense strategies to help your case reach a more positive outcome.
For example, your attorney may be able to argue that you did not intend to violate the restraining order on purpose, that the order was not valid because it was not properly served to you, or that you never got the opportunity to read and respond to it. By working with a skilled criminal defense attorney, you may be able to better protect your rights and avoid the maximum penalties for an alleged violation of a restraining order.
The Hurwitz Law Group can help you if you are facing charges or need legal assistance for any matter related to restraining orders in California. Contact us at 323-310-9677 to learn more.
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