A restraining order may also be known as a protective order. Such orders are issued by a court and are meant to protect people, businesses, or the general public from harm. This is generally done in cases involving allegations of domestic violence, stalking, harassment, assault, and/or sexual assault.
Restraining orders provide the court with the power to order a person to stay a specified distance away from another person. This could also include a home, group of people, or business. A restraining order may also include a provision instructing that there is to be no contact. What this means is that the person being restrained is to refrain from making any contact by phone, email, letter, delivery, etc.
There are many different types of restraining orders that may be issued depending on each specific circumstance. In general, a restraining order falls under one of three main types:
California defines violating a restraining order, or protective order, as “failing to comply with the conditions and terms as outlined in the restraining order.” When the order is violated, the police will be called and come to the scene. Once there, they will ask to see the restraining order; as such, if you have filed a restraining order or have had one filed against you, you should keep a copy of the order with you at all times.
As it is a crime to disobey any court order, the police may arrest the abuser for violating the restraining order. There will be a court hearing in order to determine whether the order was violated; if so, they will also determine and impose civil and/or criminal penalties.
In order to be found guilty, the State must prove that the defendant violated the order. This means you cannot be automatically found guilty of violating a California restraining order. Fighting a California restraining order would generally consist of contesting at the hearing. It could also consist of providing evidence and witness statements.
Violating a restraining order will result in being held in contempt of court for violating that order. Contempt of court is generally punished by monetary fines and/or imprisonment. Additionally, violation of a restraining order carries civil penalties which includes monetary fines. Violation of an order also may prompt a court to issue a mandatory injunction, which is a court order requiring a person to take a specific action.
An example of this would be if a person has obtained a restraining order against a factory. This order prohibits the factory from engaging in pollution; a court may take action, requiring the factory to remedy the pollution in some way. In the context of this scenario, ordering that the factory properly dispose of waste would be an example of such a remedy.
A person who violates a restraining order could be sued by a victim in civil court. The court would most likely require the violator to pay monetary damages, specifically for emotional pain and suffering. If the violator caused physical harm, the court may order them to pay for doctor bills, pharmacy bills, and other expenses resulting from that harm. If the violation involves physical abuse, a court may order revocation of the violator’s child custody and visitation rights. This is more likely to occur if the physical abuse is done while in the presence of the violator’s child.
Violating a restraining order could also result in criminal penalties. The length of a prison sentence and/or monetary fine will depend upon the severity of the violation. An example of this would be a person who intentionally violates a restraining order by approaching the protected individual with a gun. They would likely be charged with a felony. If the violation is a second, third, or other additional offense, it may be punishable as a felony where it would otherwise be punishable as a misdemeanor.
In California specifically, a misdemeanor restraining order violation is punished a follows:
A violation in California could also be ruled as a felony. In such cases, the defendant could face one of the following two sentencing scenarios:
Specific restraining order defense(s) will depend on the circumstances surrounding the violation. Generally speaking, some common defenses include the following examples:
If you are being charged with violating a restraining order, and you live in California, you should immediately consult with a skilled and knowledgeable California criminal lawyer.
An experienced local criminal law attorney will be knowledgeable of any unique local laws that would apply to your case, as well as what potential penalties you could face. They will also be aware of any potential defenses available to you based on the specifics of your case. Additionally, an attorney will represent you in court as needed.
LegalMatch Legal Writer
Travis earned his J.D. in 2017 from the University of Houston Law Center and his B.A. with honors from the University of Texas in 2014. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Read More
Travis earned his J.D. in 2017 from the University of Houston Law Center and his B.A. with honors from the University of Texas in 2014. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons.