What if I’m Accused of Violating a Restraining Order in California?

It can be daunting to be accused of violating a restraining order. Understanding the legal implications and your rights is essential. Continue reading for more information and work with a knowledgeable Red Bluff criminal lawyer today.

What is the Purpose of a Restraining Order?

A restraining order, also referred to as a protective order in California, is a court order designed to protect an individual from harm, harassment, stalking, or threats by another person. It legally prohibits the restrained party from contacting, coming within a specified distance of, or otherwise harming the protected person and, in some cases, their family members.

The main purpose of a restraining order is to prevent harm by legally restricting contact or proximity between parties. These orders may prohibit the restrained individual from:

• Approaching the protected person in person
• Contacting the protected person by phone, text, email, or social media
• Staying a certain distance away from the protected person

In some cases, the restricted person may be required to move out of a shared residence or surrender firearms.

What Are Restraining Order Violations?

Restraining order violations occur when the restrained party knowingly disobeys any of the terms set in the court order. California Penal Code 273.6 defines the act of intentionally violating a protective order as a crime.

Common violations include:

• Prohibited contact: Calling, texting, emailing, or attempting to communicate with the protected person directly or through a third party when the order specifies no contact.
• Violating stay-away distances: Going within the specified minimum distance of the protected person, their home, workplace, or children’s school.
• Third-party contact: Asking another person to contact the protected party on your behalf, often referred to as indirect contact.
• Stalking: Following, watching, or appearing outside of the protected person’s home or workplace, even if no direct communication occurs.
• Disobeying specific terms: For example, failing to surrender or relinquish firearms when the order requires it or entering a shared home after being ordered to move out.

A violation does not require actual physical harm; simply breaking a rule of proximity or contact can lead to criminal charges.

What if I’m Accused of Violating a Restraining Order in CA?

If you are accused of violating a restraining order in California, the process typically begins with an arrest. Law enforcement officers have the authority to arrest anyone they have probable cause to believe has violated the order, even if the violation seems minor.

After the arrest, you will likely be taken into custody and booked. The District Attorney’s office will review the case to determine whether to file criminal charges under Penal Code 273.6. A violation is usually charged as a misdemeanor, but subsequent violations or those involving violence can be charged as a felony. You will need to appear in court for an arraignment, where you will enter a plea, and the judge may set bail.

Consulting an attorney immediately is crucial, so reach out to an experienced legal professional at Cohen Criminal Law today.