What Happens if I Violate a Restraining Order?
You have had a restraining order imposed against you, and you are worried about violating the order. In California, no matter what the court calls the order — protective, stay-away, TRO, or restraining order — it is a crime to violate the court-mandated restrictions. A violation can lead to fines and jail time, so make sure you know what you can and cannot under the terms of your order.
Restraining Order Violations in California
The purpose of any protective order is to prevent a situation that leads to further crimes or altercations from arising. By imposing restrictions on your conduct, the order attempts to create space or a buffer that stops any incidents before they start. For this reason, California takes the violation of a restraining order seriously.
For you to be convicted of violating a restraining order, a prosecutor must prove that you:
- Had a lawful protective order issued against you;
- Were aware of the court order and its particular terms;
- Had the ability to avoid breaking the terms of the order; and,
- Willfully broke the terms.
You Must Willfully Violate a Restraining Order for Punishment
One of the most challenging things for a prosecutor to prove in a restraining order case is that your actions were “willful.” To act willfully, you must have taken your actions on purpose. In the context of a restraining order, this means you had to have purposely violated the terms of your particular order to face legal consequences.
A skilled criminal defense lawyer can investigate the circumstances surrounding your alleged violation of a protective order to prove you did not willfully disobey the terms. For example, you may be accused of coming too close to someone you’re not supposed to interact with, but what if you only accidentally were in the same shopping center at the same time? A lawyer can argue that you should not be punished for going shopping when you did not know the other party would be there.
Breaking the Terms of a Restraining Order Is a Misdemeanor
California punishes a violation of a protective order as a misdemeanor offense. If you are convicted of a breach, you face maximum penalties of:
- One year in county jail
- A $1,000 fine
The severity of your punishment will be based on the facts of the case, and judges can also order you to follow misdemeanor probation instead of jail time.
A second or further violation of a court order can lead to harsher punishments. California prosecutors can choose to charge you with a felony if it is not your first time breaking the terms of a protective order. This could lead to up to three years in state prison and fines up to $10,000.
If the violation of a protective order involves violence, a prosecutor can also charge you with a felony. Additionally, committing other crimes during the breach can lead to separate charges. An experienced criminal lawyer can best explain how restraining order laws apply to you and your life.
If you’ve been accused of violating a restraining order in Garden Grove, California, The Chambers Law Firm is here for you. Contact us at 714-760-4088 or dchambers@clfca.com today to schedule a no-obligation consultation.
