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The Consequences of Violating a Restraining Order

Alec Rose Law Office Feb. 7, 2022

man in prisonAccording to a recent study, an estimated 2 to 3 million temporary restraining orders are issued in the United States annually. In California, a restraining order may be issued to protect individuals facing legitimate threats—such as domestic violence, assault, abuse, or sexual harassment— from their abuser. The restraining order can instruct the restrained person to stay away from the victim, their home, work, children’s schools, and pets. It’s not uncommon for some restrained persons to violate or fail to follow the laws of the protective order. An experienced California criminal defense attorney can help you understand the consequences of violating a restraining order and help build your defense.

At the Alec Rose Law Office, I am dedicated to offering experienced legal guidance and reliable representation to clients in criminal cases and restraining order matters. As your legal counsel, I can investigate the restraining order laws that were violated, help you grasp the possible consequences, and strategize your defense. I will fight diligently to protect your rights and represent you vigorously in every phase of the legal proceedings. My firm proudly represents clients across Los Angeles, Ventura, Orange County, Santa Barbara, Santa Ana, San Diego, San Bernardino County, and the rest of California.

Types of Criminal Protective Orders in California

A protective order, also referred to as a restraining order, can be described as a court order that is issued to protect an individual facing legitimate threats from being physically or sexually abused, stalked, threatened, or harassed. Here are the different types of criminal protective orders in California:

Domestic Violence Protective Order

A domestic violence protective order is a court order which is issued to protect an individual from abuse or threats of abuse from an abuser with whom they have a close relationship.

Civil Harassment Protective Order

A civil harassment protective order is a court order which is issued to protect an individual from being abused, threatened, harassed, or stalked by someone with no close relationship, such as a roommate, neighbor, aunt, uncle, cousin, niece, or nephew.

Elder Abuse Protective Order

An elder abuse protective order is a court order which is issued to protect an adult 65 years or older, or a person between ages 18 and 64 years with physical or mental disabilities, from physical abuse, abandonment, neglect, or financial abuse.

Workplace Violence Protective Order

A workplace violence protective order is a court order that is issued to protect a worker/employee who has suffered serious violence, stalking, harassment, or a real threat of violence at the workplace. The employer can seek a workplace violence protective order on the employee’s behalf.

What You Cannot Do When You Have a Restraining Order Against You

If you have a restraining order against you in California, here is what you cannot do:

  • You cannot come into personal contact with the person

  • You cannot come near the person, their children, relatives, or anyone living with them

  • You cannot text or call them

  • You cannot send them emails

  • You cannot associate yourself with them on social media in any way

  • You cannot visit the person’s home, work, children’s schools, and pets

An experienced attorney can enlighten you about the consequences of violating a protective order and determine your best defenses.

Penalties & Consequences of Violating a Restraining Order

In California, violating a restraining order may result in devastating penalties and consequences. Depending on the specific circumstances, a conviction for protective order violation may result in the following penalties:

Misdemeanor: This involves intentionally and knowingly violating a protective order. It is punishable by up to one year in county jail, a fine of $1,000, or both. If the protective order violation resulted in physical injury, the offense is punishable by between 30 days and one year in county jail, a fine of $2,000, or both

Felony: Every subsequent restraining order violation within seven years of the first is charged as a felony. It is punishable by between 16 months and three years in state prison and a maximum fine of $10,000.

A skilled lawyer can identify potential defenses to your protective order violation charge, outline an effective defense strategy to help fight your allegations, and help you avoid the severe ramifications of a criminal conviction.

How an Experienced Attorney Can Help You

In California, violating a restraining order is seen as contempt of court and may result in serious penalties, including a lengthy prison sentence, fines, and other devastating consequences. Trying to defend yourself against such accusations without the help of skilled advocacy can expose you to the risks of getting convicted and suffering the maximum penalties. It is important that you reach out to a criminal defense attorney for true guidance.

For over 25 years, I have devoted my career to handling criminal cases and defending individuals accused of violating protective orders. Allow me to help you navigate the California criminal justice system and guide you through every phase of the legal process. As your lawyer, I will fight aggressively to uphold your rights, refute the accusations against you, and improve your chances of a brighter tomorrow.

Contact my firm—the Law Office of Alec Rose PC—to schedule a simple case assessment with a knowledgeable protective order attorney. I can offer you the detailed legal guidance and strong representation you need in your restraining order violation case. My firm is proud to represent clients throughout California, including Los Angeles, Ventura, Orange, Santa Barbara, Santa Ana, Simi Valley, San Diego, Anaheim, and the rest of the state.