A restraining order is a court order designed to shield one party from abuse or threats by another. Violating a restraining order is a severe offense, and the consequences can range from fines to jail time. Knowing the possible repercussions and how an attorney can assist you is essential if you are accused of breaking a restraining order.
We at The Law Office of Steven K. Bloom have years of expertise assisting clients in understanding their rights, constructing a solid defense, and representing them in cases involving restraining order violations. This blog will discuss what occurs when a restraining order is broken and how having an Orange County defense lawyer on board can benefit.
Types of Restraining Orders
- Emergency Protective Orders (EPO): These orders, usually only valid for a few days, are issued by law enforcement in emergencies.
- Temporary Restraining Orders (TRO): These are temporary orders that typically remain in force until a court hearing determines whether a longer order is required.
- Permanent Restraining Orders: Although they are referred to as “permanent,” these directives typically last for several years and are renewable.
- Criminal Protective Orders: These orders are usually issued in criminal proceedings to protect victims in ongoing criminal cases.
Consequences of Violating a Restraining Order
In California, violating a restraining order is a serious felony. State law strictly prohibits this. If someone is found guilty of violating a restraining order, they may be subject to the following typical penalties.
- Criminal Charges
In California, violating a restraining order is frequently considered a misdemeanor, which carries a maximum sentence of one year in county jail and a $1,000 fine. However, it can be punished as a felony and carry harsher punishments, such as more time in jail, if it includes violence, threats, or other aggravating circumstances.
- Probation and Counseling
Courts may impose severe probation terms if the infraction does not result in jail time. Mandatory counseling, community service, or educational programs centered on anger management or domestic violence are examples of ordinary circumstances. Additional fines or jail time may result from breaking these terms.
- Impact on Custody and Divorce Proceedings
Restraining order violations can significantly affect current divorce or child custody proceedings. Courts view breaches of restraining orders as a reflection of the violator’s capacity to give children a secure and stable environment.
- Criminal Record and Employment Challenges
A violation on your criminal record can have long-lasting effects on employment opportunities, housing applications, and more. Employers and landlords frequently conduct background checks, and a restraining order violation may create complications in securing jobs or housing.
How an Attorney Can Help You
- Reviewing Evidence and Ensuring Fair Process
A criminal defense attorney will examine all available information regarding the claimed breach as their initial course of action. This could include any reports from law enforcement, witness statements, and communication logs. By evaluating the reliability and context of the evidence, your lawyer can frequently find contradictions or lessen the seriousness of the accusation.
- Establishing Intent
Intent is one of the key components needed to demonstrate a restraining order violation. For example, a casual encounter with the protected party in a public setting without any prior preparation or malice may be interpreted differently from a purposeful breach. To shed light on the facts and intent of the claimed infraction, a criminal lawyer in Orange County can make an argument on your behalf that could result in fewer charges or even your dismissal.
- Negotiating Alternatives
In certain situations, your lawyer can work out a deal that doesn’t include going to jail. Depending on the type of infraction and any prior violations, options may be offered, including community service, counseling, or probation. Lawyers can make compelling arguments for alternatives that support your objectives and keep you out of jail.
- Defending Against False Allegations
Regretfully, there are times when a protected party might assert a violation that never happened. In a tense divorce or custody dispute, false accusations may surface. A knowledgeable lawyer can spot any holes in the accusations and create a defense highlighting these discrepancies if you think you’ve been wrongfully accused.
- Minimizing Long-Term Consequences
It can be difficult to get beyond a restraining order violation that is on your record. A lawyer can try to get the charges dropped or work out a deal that keeps your criminal record clean. Protecting your reputation, future career, and general quality of life may require doing this.
Frequently Asked Questions
Q1: What is considered a violation of a restraining order?
A1: Any behavior that disregards the specific provisions of the restraining order, such as nagging the protected party, approaching restricted places, or getting in touch with them, might be considered a violation. Even indirect communication, such as communications sent through pals, may be illegal.
Q2: What should I do if I accidentally violate a restraining order?
A2: Unintentional infractions, like unscheduled meetings, can occur. In these situations, record the occurrence immediately, stay away from other people, and get legal advice. If charges are brought against you, they can assist you in reporting the occurrence and offer a defense.
Q3: Can a restraining order be removed or modified?
A3: Yes, a restraining order may be modified by either side. The constrained party may argue for dismissal or adjustments based on altered circumstances, or the protected party may ask for amendments to make the conditions more flexible. Legal counsel can aid the petition process.
Q4: What is the punishment for violating a restraining order in California?
A4: A minor infraction in California carries a maximum jail sentence of one year and a maximum fine of $1,000. A violent or repetitive infraction may result in a felony charge, which carries lengthier jail terms and larger penalties.
