When you violate an order of protection in California, you could face a slew of legal consequences including substantial fines and a lengthy term of imprisonment. It is imperative that you understand what is required of you when a restraining order is taken against you. Consult with a knowledgeable Red Bluff criminal lawyer today for more information and skilled representation.
What is an Order of Protection?
An order of protection is another name for a restraining order. Restraining orders are court-issued documents that prevent an individual from contacting or coming within a certain distance of another person.
California state law recognizes several types of restraining orders including the following.
- Domestic violence: Protection from someone that the victim had a relationship with, like a spouse, ex, or co-parent, as well as close family members like parents, grandparents, siblings, or
- children
- Civil harassment: Protection from someone that the victim never had a relationship with and is not closely related to, like a neighbor, coworker, aunt, uncle, or stranger
- Elder abuse: Protection for a dependent adult or an individual aged 65 or older from someone who is abusing them, like their child or a caretaker
- Gun violence: Prohibits an individual who is at risk of hurting themselves or someone else from purchasing or owning a gun
- Workplace violence: Employers protecting an employee who has experienced abuse or harassment in the workplace
- School violence: School administrator or representative protecting a student who has experienced abuse or harassment
As established, there are many types of protective orders depending on the circumstances of the situation. The more common types issued are domestic violence and civil harassment orders. In general, a CA restraining order can include the following instructions.
- No contact with the victim
- No harassing, stalking, threatening, or harming the victim
- Keep a certain distance away from the victim
- Move out of a shared home
- Not possess firearms or other weapons
- Pay spousal support, if married
- Pay child support, if shared children are involved
- Get counseling or take anger management courses
- Stay away from the victim’s place of work or school
What Happens if You Violate an Order of Protection in CA?
According to California Penal Code 273.6, if an individual intentionally and knowingly violates a protective order they can be charged with a misdemeanor criminal offense. These charges are punishable by fines of up to $1,000 and imprisonment for up to one year.
If the violation results in a physical injury, the associated penalties are greater, including fines of up to $2,000 and a minimum jail sentence of 30 days with a maximum one year. Second or subsequent offenses could result in harsher penalties.
Violating a restraining order can result in a court placing you in contempt. Any court order is legally enforceable and binding, meaning that acting in opposition to the conditions can result in criminal penalties. It is crucial that you understand your rights and obligations when being issued a restraining order. Reach out to an experienced criminal defense attorney at Cohen Criminal Law today for more information and skilled legal advice.
