You may face severe consequences if you violate a restraining order. A restraining order is a legal mandate that the court imposes to protect someone from being harassed, abused, or threatened. If you disregard the terms, you can be subject to fines, probation, and even imprisonment.

However, an alleged violation does not always lead to a conviction. There are several ways to defend yourself and dispute the charges against you. The success of these defenses usually depends on the details of the alleged violation, which require a nuanced understanding of California's legal system and the specifics of your case.

What Constitutes a Restraining Order Violation

The district attorney has to demonstrate three important elements to successfully charge you with violating a restraining order under Penal Code (PC) 273.6. These elements are essential to your defense.

A Lawful Order Exists

The prosecution must show that there was a proper order in place. So, the court must have issued a restraining order that is valid and active, like a domestic violence or criminal protective order, spelling out what you, the restrained person, cannot do. Without a legally sound and active order, the prosecution's case cannot proceed.

You Knew About the Order

It is also necessary for the prosecution to demonstrate that you knew about the order. You cannot be convicted for violating an order you were unaware of.

Most of the time, your knowledge is demonstrated by proving you were given the court order. You may also find out about an order if:

• You were present during the hearing, and its terms were made clear to you

• You signed an acknowledgement of receipt

Even if you were not present during the hearing, if the prosecution proves you received or knew about the order and its restrictions, this part of the charge can be met.

You Willfully Violated the Order

Moreover, the prosecution must show that you willfully violated the order. This means you knowingly performed an act forbidden by the order or intentionally failed to follow a required action.

If you acted willfully, it means you were aware that your actions went against what was allowed by the restraining order. Driving past a protected person’s house while the court order states that you must stay at least 100 yards away, without intending to confront them, may be considered a willful violation.

Strategies for Defending Yourself Against a Violation of a Restraining Order

Facing charges for violating a restraining order can be daunting and stressful, since it may result in fines or jail time. Anyone facing these charges needs to know about the different legal defenses.

A good defense strategy starts by consulting an experienced attorney, who could recommend any of the following strategies:

Lack of Knowledge of the Order

A successful prosecution for violating a restraining order hinges on the state showing that the accused knew about the order and its rules. The lack of evidence of your knowledge of the order seriously weakens the prosecution’s argument that you violated the order. This knowledge can be categorized as "actual knowledge" or "constructive knowledge."

With actual knowledge, you were given the information about the order yourself. Usually, you will learn about the order when someone hands you the papers at court or the judge explains them in court. In these situations, your awareness is generally undeniable.

However, a strong defense may be built if you show that you did not have the required knowledge. If the official papers were sent to an address where you do not live or one you never visit, you might not have received the orders. Not having these crucial papers can be a strong basis for your defense. Similarly, a relative or roommate could have received the documents but failed to inform you or hand them over because of forgetfulness, a mistake, or on purpose. This interruption in information can make you truly unaware.

Besides, the validity of the proof of service document is not always infallible. Sometimes, the evidence of service could be:

• Fraudulent

• Contain fabricated or incorrect details about the date, time, or method used to serve you, the defendant

Should you prove that the service in question was improper or never took place as stated, it challenges the prosecution’s evidence against you.

As important as the order is, it is equally important to know its specific terms. You could have heard that an order is in place, but not understood exactly what it requires. Examples of this include the following:

• You are not allowed to meet accidentally in public

• You are not allowed to communicate about co-parenting through mutual friends

• You never knew about particular restrictions, like not being within 100 yards of the protected person

If you prove the above are true, it is difficult for the prosecution to prove you willfully violated a provision you were unaware of. If the state does not have clear evidence that you knew about the order and all its details, the prosecution will have a hard time proving its case.

The Violation Was Not Willful (Accidental Contact)

Another solid argument to challenge a restraining order violation charge is by showing that any contact was not intended or planned, but was only an accident. The meaning of “willful” is vital in this context. It shows that someone did something on purpose, not by accident. What you do right after the accidental contact can make a big difference, since it can prove whether your intent was genuine.

For example, you end up, by pure coincidence or without planning it, in the same grocery store, shopping mall, or public park as the protected person. This is not a willful act on your part, since public spaces are open to all. The most important part of this defense is how you react when you first notice the protected person. Quickly leaving, avoiding eye contact with the individual, and stopping any further contact clearly shows you were unwilling to be there. The way you act shows your effort to comply with the order, even when something unexpected happens.

In the same way, if the protected person unexpectedly shows up at your workplace, which is a public or semi-public place that you have to be at, immediately leaving, refusing to talk, or making efforts to keep your distance would support your defense well.

Even minor or technology-related incidents may help this defense. When your phone accidentally calls your protected person because you accidentally pressed it, it shows a lack of intention on your part. Your fast decision to end the call as soon as you figured out who you dialed helps prove you did not mean to call. The same applies when you receive a group message from a mutual friend without knowing it. If you immediately leave the conversation, say that you cannot take part due to the order, or block the sender once you notice the protected person is involved, these show that you did not intentionally contact the protected party.

The main goal of this defense is to show that you made accidental contact, even if only for a moment, and quickly stopped it as soon as you noticed the protected person. This proactive disengagement makes it clear that you are willing to abide by the order, despite the accidental nature of the encounter.

False Allegations or Wrongful Accusation

Besides challenging the prosecution’s case, using certain important factual defenses can significantly help you when charged with a Penal Code 273.6 violation.

If you have been wrongly accused or mistaken for someone else, you have viable defenses to challenge the allegations.

A claim of false accusation defense means arguing that something external or another’s intent led to the wrongful accusation. This indicates that what the accuser provided was manufactured, manipulated, or presented with errors, rather than reflecting genuine events. For example, your accuser could:

• Claim that a contact never occurred

• Lied about finding you in a prohibited area

• Create fake messages to seem like you violated the order

When your attorney asserts the false allegation defense, they will claim that you had no guilty mindset because you did not intentionally violate the order and did not know about it. With this defense, investigators examine the motives of the accuser and the scenario leading to the charges to uncover if they are trying to gain an advantage in child custody or a financial dispute.

Alternatively, a mistaken identity defense states that the person was accused because of an error in identification. This strategy looks into whether the witness was reliable and if the identification was proper, since there is a chance that someone else committed the crime. Problems with lighting, brief or fleeting encounters, any stress at the time, or a similar appearance to the suspect can all lead to an erroneous identification, leading to you being wrongly accused. If you did not commit the alleged act, the prosecution will not be able to prove the essential part of the case.

These defense strategies are designed to undermine the prosecution’s attempt to prove that you committed the crime and highlight that their primary assumption is incorrect.

The Order's Terms Were Vague or Unclear

You cannot be penalized for violating an order a reasonable person would not have understood. Restraining order cases greatly depend on this principle. A court order will not be enforceable if it is not clear and complete, so it cannot be used against someone for a vague, ambiguous, or contradictory violation.

For example, a restraining order that only states that you must “stay away” and does not define a specific distance. How far is "away"? You cannot violate or follow a rule that has no measurable limit.

Also, when a court orders no contact, it should state which communications are allowed or disallowed. Does it deal with important matters like who will pick up the kids from school? Unless this communication is clear, it could be argued that the rule is vague and therefore could be challenged.

A problem may also occur when the order is placed with an incorrect protected address. When your address is wrong and you cannot avoid the person, you should not be blamed for not following the stay-away orders. You could not have intentionally violated an order that was not easy to follow due to its unclear or inaccurate terms. This defense points out that court orders should be clear so that people are told precisely what conduct is illegal.

Why the “Consent” or “Invitation” Trap Does Not Work as a Defense Strategy

Thinking that you should respond or meet up simply because the victim has contacted you is a dangerous mistake. This is the main thing to remember: A restraining order is issued by a court, not something the protected person can reverse. A judge can only modify, suspend, or end the order.

If the protected person contacts you, any response from you is against the order. Even if they come to you and engage through texts, calls, or invitations, your engagement directly violates the order. You are still required to follow the judge’s directive.

Unfortunately, this can sometimes be a deliberate trap. The protected person could reach out to you, and after your response, they could report you for not following the order. It can also be used to your disadvantage during custody disputes.

It is best to never interact with the protected person, no matter the situation. In this case, document all their attempts to reach you through phone calls, texts, and emails. If the communications continue, seek legal advice quickly on modifying the order or reporting the non-compliance to the proper authorities. Do not engage directly. Protecting yourself legally means strictly adhering to the order.

Find a Restraining Order Attorney Near Me

Being accused of violating a restraining order can be a bewildering and frightening experience. Sometimes, the goal of protection through family law turns into something that hurts the innocent, most often during emotional arguments involving child custody or divorce. After being found guilty, you could face jail time, pay costly fines, and suffer damage to your reputation and the relationships with your family.

However, being charged does not mean you have been found guilty. There are crucial defenses you can use to address the prosecution’s arguments and keep your rights safe. You need to know and use these defenses to create a solid legal plan for your future.

If you find yourself or someone you know in a restraining order violation situation in California, contact Goldman Flores Restraining Order Law Firm today at 213-341-4087 for confidential advice. Our team has the skills to review your case and act on your behalf.