When you are served with a restraining order, you have a legal obligation to abide by the terms of the document. Acting in opposition to any of these conditions can result in significant legal consequences. If you violate a restraining order in California, you can expect to face new criminal charges. For more information and to obtain skilled legal representation, reach out to a knowledgeable Red Bluff criminal lawyer today.
What is a Restraining Order?
A restraining order, or protective order as it is referred to in California law, is a court order designed to protect individuals from harassment, abuse, stalking, or threats. It is a legal document issued by the court and outlines restrictions that the abuser must comply with.
While the terms and conditions of the protective order can vary, they generally prohibit the restrained person from contacting the protected person either directly or indirectly, coming within a certain distance of the protected person’s home, work, or other locations, and engaging in actions that are considered harmful or threatening.
What Does it Mean to Violate an Order?
Violating a protective order means purposefully disregarding the terms and refusing to comply with the court order. In order for you to be convicted, prosecutors must prove beyond a reasonable doubt the following.
- There was a lawfully issued protective order against you
- You knew about the order
- You had the ability to comply with the order
- You willfully violated the order
Your intention is important here. You must have purposefully violated the order, not made accidental contact with the protected person. For example, running into the victim in an unexpected place and then leaving is not a willful violation. However, showing up at their home and knocking on the door is.
What Happens if You Violate a Restraining Order in CA?
When you violate a restraining order in California, you are committing a crime. Under California Penal Code § 273.6, an intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is considered a misdemeanor offense.
If such a violation results in a physical injury or is a second or subsequent offense of violating a protective order, it will result in more significant charges.
Depending on the details of your violation, you could face a variety of legal penalties, including significant fines, jail time, and more. The consequences can be severe, so it is important that you are adequately prepared for your case and represented by a skilled attorney.
To discuss your situation and obtain legal representation, reach out to an experienced defense lawyer at Cohen Criminal Law today.