Depending on the circumstances, if you violate a restraining order, it could land you in jail
Restraining orders are civil orders issued by a court that direct you to stay away from a certain person or people. There are often additional restrictions in restraining orders, such as to not go to certain places (like a house that you used to like at with the individual in question). As a criminal defense attorney Riverside, CA can tell you, complying with a restraining order is incredibly important. If you violate your restraining order, it can quickly lead to jail time and heavy fines and fees.
Restraining orders are often a consequence of domestic disputes. While they are often a result of valid fear on the part of the person filing for an order, they are sometimes used as a way to gain an advantage in a divorce, break-up or custody dispute. However, once one has been issued by a court, it is vital that you comply with its terms. That is because even though the restraining order itself is civil, a violation of a restraining order can lead to a criminal conviction.
A first-time violation of a restraining order is a misdemeanor crime, which can lead to up to one year in jail and a fine of up to $1,000. However, if the violation led to physical injury to the person protected by the order, then you will have to serve at least 30 days in jail and will potentially have to pay a fine of up to $2,000. If you violate a restraining order a second or greater time, then it will generally be charged as a felony offense. These crimes carry penalties of up to three years in prison and fines of up to $10,000. Having an experienced criminal defense attorney Riverside, CA represent you in these matters is crucial, as there may be potential defenses to these charges.
To prove that you violated a restraining order, a prosecutor must show that (1) a court lawfully issued a restraining order against you; (2) the order was a restraining order directed at your conduct; (3) you knew of the court order and were familiar with its contents; (4) you had the “present ability” to follow the terms of the restraining order; and (5) you intentionally violated the restraining order. There are a number of potential defenses that you could use based on these elements. For example, your criminal defense attorney Riverside, CA could argue that your violation of the restraining order was not intentional, as you just happened to be in the same restaurant or store that that other person was at — and therefore the charge must fail. Alternatively, if you were not properly served, then you could not know about the order or its contents, and so the prosecution cannot prove the elements of the crime.
At the Chambers Law Firm, we zealously advocate for each and every one of our clients. We will work hard to protect your rights. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule an appointment with a criminal defense attorney Riverside, CA today. Initial consultations are always free.
