If you violate a restraining order, you may be charged with a criminal offense.
California takes crimes involving domestic violence seriously. If you are convicted of a crime related to domestic violence, such as corporal injury to a spouse, you may spend time in prison and pay a significant fine. You will also have a number of related consequences, such as the loss of the right to own a firearm and potential deportation if you are not a citizen.
As a criminal defense attorney in Santa Ana, CA can explain, California law permits victims of domestic violence to apply for a restraining order, which is also known as a protective order. These orders can be obtained in either civil or criminal court.
Importantly, the law does not require the person seeking the restraining order to show that they have suffered physical harm. Instead, a protective order may be issued if the person who is seeking it can prove:
- That someone has abused or threaten to abuse them or their minor children; and
- The alleged abuser is an intimate partner or a first- or second-degree relative
Under this law, intimate partners include current or former spouses, co-parents, co-habitants, fiancées, and people who seriously dated. First- or second- degree relatives includes people like siblings, parents, and grandparents.
If a restraining order has been granted against you, you must comply with the terms of the order. Failure to do so can lead to criminal charges. Specifically, you may be charged with this offense if you:
- A court lawfully issued a protective order;
- You knew of this order;
- You had the ability to follow the order; and
- You willfully (purposefully) violated the court order.
For example, if your ex-wife obtains a restraining order against you, and you are provided with a copy of it, then you are bound by its terms. If you unintentionally violate the order — such as by showing up at the same store where you ex happens to be — then it is not a crime. However, if you violate it on purpose, such as by parking outside of her house every night, then you could be charged with a criminal offense.
Violating a restraining order is a misdemeanor offense in most cases. It is punishable by imprisonment in county jail for up to 1 year, and/or a fine of up to $1,000. However, if it is a second conviction for violating a restraining order, or if the violation involved an act of violence, then it is a wobbler. This means that it can be charged as either a misdemeanor or a felony. If it is charged as a felony, you may be sent to state prison for up to 3 years, and/or ordered to pay a fine of up to $10,000.
Charges related to domestic violence are incredibly serious. While a protective order itself is a civil matter, if you violate this type of order, it is a criminal offense. For this reason, you should consult with a criminal defense attorney in Santa Ana, CA if you are involved in a domestic violence situation or if a protective order has been issued against you.
At the Chambers Law Firm, we represent people who have been charged with a variety of crimes, including those related to domestic violence. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more or to schedule a free initial consultation.
