If you violate the terms or conditions of a restraining order, you could be facing criminal charges.
There are a number of different types of restraining orders — sometimes called protective orders — that are issued by California courts. While many of these restraining orders are civil in nature (that is, they are not issued in a criminal case), they can carry criminal penalties if you violate them. That is why it is so important that you understand the terms of any restraining order that you may have against you — and know what you can and cannot do in relation to the person who has the restraining order. An experienced criminal attorney in Los Angeles, CA can help you determine the exact nature of the restraining order.
California restraining orders are court orders that are designed to protect a person from harassment, stalking, threats or physical abuse from another person. Generally, the restraining order will list the type of behavior or contact that is prohibited, such as phone calls, text messages, emails, personal contact, surveillance and contact via social media. There are four primary types of California protective orders, including:
- Domestic violence restraining orders, which are issued to a person who has suffered abuse by a person with whom he or she shares an “intimate” relationship.
- Civil harassment restraining orders, which are issued to a person who have suffered abuse or harassment by people who are not intimate partners, such as neighbors or co-workers.
- Elder or dependent adult abuse restraining orders, which are issued to a person aged 65 or older or anyone aged 18 to 64 who suffers from certain disabilities to protect them from physical, emotional, financial abuse or neglect.
- Workplace violence restraining orders, which are issued to employers to protect an employee from violence or threatened violence in the workplace.
Under California law, it is a crime to intentionally violate the terms or conditions of a restraining order. For example, if you have a restraining order against you that prohibits you from contacting your ex-boyfriend or girlfriend, and you call or email him, that would be considered a violation of the restraining order. Or if your restraining order forbids you from owning weapons (such as guns) for as long as the order is in effect, you could be charged with violating the order if you fail to turn over firearms to the authorities. The penalties for violating a restraining order vary based on whether it is a first or later offense, and if the victim suffered a physical injury as a result of the violation. It could result in up to one year in county jail for a misdemeanor charge, or as long as three years in state prison for a felony charge. Additional penalties may include court fines, victim restitution, counseling services, and being required to turn over any firearms.
While having a restraining order may not necessarily be a criminal matter, violating a valid California restraining order is, and requires the assistance of a skilled criminal attorney in Los Angeles, CA. If you have been charged with violating a restraining order, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will work with you to put together a strong defense to the charges in your case, and will stand with you through the process.
