A restraining order is a court-issued order that protects a person from harassment, stalking, threats, violence, or abuse by another person. The order protects the protected person by outlining specific terms and conditions that the restrained person must adhere to during the order's validity. For example, it can keep the restrained person separate from the protected person to discontinue a pattern of abuse. It can also ensure the protected person is well provided for.

Restraining orders are a serious matter, and the court must treat them with the seriousness they deserve. This means that the restrained person must abide by the terms and conditions stipulated in the order. Violating a restraining order is a serious offense that can result in grave consequences, including criminal charges, an arrest, and a possible conviction.

If someone has obtained a restraining order against you, understand its dos and don'ts to avoid violating it. You can do this with the assistance of a skilled restraining order attorney. Your attorney will also study the order to advise you on the best approach for a favorable result.

Types of Restraining Orders You Must Not Violate in California

If a person faces harassment, harm, or unwanted contact, they can seek a court’s protection to ensure their safety and the safety of their loved ones. California courts issue different types of restraining orders to protect victims of domestic abuse, elder abuse, civil harassment, and workplace harassment. These orders contain specific information on how a restrained person must behave toward the protected person. Violating these orders is a severe violation that can result in life-changing consequences, like criminal charges and loss of child custody. Here are examples of restraining orders in California that you must not violate to avoid severe legal problems:

Emergency Protective Orders

An emergency protective order is given in emergencies. A responding officer to a domestic violence situation can advise the victim and help them obtain temporary protection from their abuser. Since EPOs are available around the clock, the victim can receive immediate protection as they seek a more permanent solution to their domestic issue. Generally, EPOs remain in effect for a week or five business days. The victim can file a case against their abuser within this period or seek alternative ways to resolve the matter.

An EPO is meant to protect a victim of abuse from further abuse or harassment. It could contain orders from the judge requiring the restrained person from harassing or abusing the victim or the victim’s loved ones. The victim can decide to seek shelter as they plan their next move. When this happens, the restrained person is not allowed to contact them in any way, including visiting their workplace, where they are staying or the school where the children go.

Temporary Restraining Orders

A victim of harassment or abuse can obtain a temporary restraining order against their abuser through the court for protection as they pursue a legal solution to an underlying issue. When a victim of abuse files a case in court against their abuser, they can obtain a restraining order to protect themselves, at least until the court hears and determines their case. Generally, TROs remain in effect for up to 25 days. TROs provide temporary protection through a stay-away order and other restrictions to ensure the safety of the victim and their loved ones, including children.

A judge can conduct a hearing within the TRO period to determine whether a more permanent protective order is needed to keep the victim safe. It is essential to attend this hearing to ensure that your best interests are considered and served.

Permanent Restraining Orders

This is a more permanent solution to an existing and grave abuse, violence, harassment, or stalking issue. It can last for several months or years, depending on the kind of threats or abuse you face and the type of protection you need from the court. Permanent restraining orders keep the victim and their abuser separate. They can order restrained persons to move out of the home they share with the victims, relocate to a different town, pay alimony and child support, and adhere to strict child visitation orders.

A permanent restraining order can also require the restrained person to surrender certain property to the protected person and to divide jointly owned assets.

What Constitutes a Restraining Order Violation?

All restraining orders come with strict directives for strict adherence by the restrained person. The specifics of an order depend on the type of order the protected person has obtained and the type of harm they face. Here are common directives in the restraining orders California courts issue:

Personal Behavior Order

This order directs the restrained person on what they can and cannot do during the period of an order. It restrains a restrained person from behaving in a particular manner against a protected person. One court order can protect more than one person, meaning the restrained person must act according to the order towards all the protected people. For example, if the protected person is a spouse and they are afraid for the safety of their children, they can seek a court’s protection for themselves and their children. Here are examples of personal behavior an order can order you to stop:

  • Contacting the protected person or people in any way, including calling, messaging, or emailing them. You cannot contact them through another person or speak to them from across the street. If the order prohibits contact between the protected and restrained persons, you will be in trouble for making or attempting any contact.

  • Harassing, stalking, or threatening the protected person, and any other behavior that could have led the protected person to seek a court’s protection.

  • Physically or sexually assaulting the protected person, regardless of how angry you are at them.

  • Destroying any property connected to the protected person, even if it is something you bought for them

  • Disturbing the protected person’s peace, including showing up at their home or workplace unannounced or causing a scene when you meet them. Continuously harassing the protected person can also be considered disturbing their peace.

Stay-Away Order

This is an order that seeks to separate the restrained and protected persons to discontinue an abuse, harassment, or stalking pattern. Some orders will require the restrained person to move out of the home they once shared with the protected person in a domestic abuse situation. Other orders will require the restrained person to stay at a particular distance from the protected person. The protected person must report them to the police immediately if they come anywhere close to them for their physical and emotional safety. Here are some of the areas a restrained person can be ordered to stay away from:

  • Anywhere close to the protected person’s home

  • The alleged victim’s workplace

  • Areas where the protected person frequently visits, including their children’s school or daycare center

  • Anywhere close to the protected person’s car

Residence Exclusion Order

In domestic violence cases, judges must issue more strict orders to discontinue the abuse and ensure that vulnerable people within the household, like children, are also safe. This can result in a residence exclusion order, whereby the restrained person is ordered to vacate their home immediately. This happens in cases where the restrained person lives with the protected person and others in the same household. The judge can issue this order if there is proof that the abuse, harassment, or threats will continue if the protected person continues living in the same household as the victim.

Restrained persons are expected to review the order after receiving it to understand and take note of these restrictions. An attorney can help you understand the order better and any other requirements. This is because violating these orders is a significant offense with severe consequences. A violation occurs when you intentionally disregard or break the terms or conditions of a court-issued protective order. For example, contacting, threatening, or assaulting a protected person can result in dire legal consequences.

Judges treat such violations very seriously. However, the consequences depend on how you violate a valid order. You can be fined by the court, arrested, or jailed.

Penalties for Violating a Restraining Order

Remember that you violate a restraining order when you knowingly break or disregard the provision of a court-issued order. When this occurs, a protected person can report it to the police, seeking further protection and action against you. The police can obtain a warrant for your arrest, after which the judge can hold a hearing to determine the circumstances and consequences of the violation. Also, remember that the consequences of a violation largely depend on the nature and severity of the violation.

A prosecutor can file criminal charges against you for violating a court-issued order. Although violating a protective order is a wobbler offense in California, the prosecutor can file felony charges against you in the presence of aggravating factors. The circumstances of the violation and a perpetrator’s criminal history guide the prosecutor’s decision.

Misdemeanor Charges

If this is your first violation or protective order, the prosecutor will likely file misdemeanor charges. This is punishable by a maximum of one year in jail and $1,000 in court fines. The judge can sentence you to misdemeanor probation, whereby you will serve your sentence out of jail but under strict conditions.

You could be expected to stay out of legal problems while on probation, participate in community service, pay restitution, court fines, and other charges imposed by the court, and submit periodic progress reports to the court. The judge can also order you to undergo counseling or rehabilitation for any underlying issue, like drug or emotional problems, that could have caused you to engage in crime.

Felony Charges

You can face felony charges for violating a protective order if the violation is far more serious or if you are a repeat offender. A felony charge will likely result in stiffer penalties, including a prison sentence of between 16 months and three years. You could be charged a court fine of up to $10,000.

A felony charge will likely occur if the violation is severe. For example, if you threaten or assault a protected person in a domestic abuse case or cause a protected person to sustain an injury. In this case, the penalty will likely be harsh. You could also face felony charges if this is not your first violation or a protective order. The prosecutor will run a background check to determine how well, or otherwise, you have performed in similar situations.

The judge can sentence you to felony probation instead of three years in prison. You could be on probation for up to five years under strict probation conditions. You will also be supervised by a probation officer, who will closely monitor your performance and progress and report to the court. If you violate probation, the officer will report to the court, and the judge will hold a hearing. Following this hearing, the judge can cancel probation and send you to prison for the required time.

Loss of Gun Rights

Sometimes, judges issue restraining orders with set conditions for restrained persons. For example, the judge can order a seemingly violent person not to possess, use, or purchase a firearm during the order's duration. If an order like this is violated, it can lead to criminal charges, even if the restrained person does not violate any other condition in the order.

A felony conviction for violating a restraining order will affect your gun rights. It is unlawful for felons to purchase, use, or possess a firearm in California. This limitation on your gun rights takes effect immediately after your conviction.

Severe Criminal Background

A felony conviction will also damage your criminal history, affecting how easily you find jobs and access critical services like insurance, renting, or leasing. Felony convictions remain on a person’s criminal record permanently, affecting their opportunities for employment and housing. They are publicly available, so anyone who checks your background will find out about the sentence. This determines how people treat you even after serving your time. Since most employers run background checks on their employees, you can miss many job opportunities because of that conviction record.

Negative Impact on Future Cases

Generally, a person’s past legal matters can affect a current legal situation. Judges and prosecutors constantly review a person’s criminal history when determining the rightful charges to file and the rightful penalties for a current matter. If you have a criminal background, the judge is least likely to use leniency when determining a sentence after your conviction.

Thus, a restraining order violation can affect you in the future when you face the same or similar matter. It can influence a legal proceeding and critical issues like child custody. Family court judges take such violations seriously and could deny you parental rights, especially if the violation was on a domestic abuse restraining order.

Being in Contempt of Court

You can be held in contempt of court for violating a court-issued order. Being in contempt means deliberately or willfully disregarding a court-issued order or directive. If, through a restraining order, the court orders you to pay child support or alimony or to stay within a safe distance of a protected person, you will be in contempt if you knowingly disregard this directive.

Being in contempt of court is a criminal offense punishable by time in jail and a court fine. The exact penalties will depend on the severity of the violation and your criminal history.

Reason You Need an Attorney For Violating a Restraining Order

An attorney is critical in all legal situations, whether you are a victim or an alleged perpetrator. They offer advice, guidance, and support to ensure you navigate all legal processes successfully. When someone obtains a restraining order against you, they fear you can harm them. You need an attorney to help you understand the order's provisions, the part you must play, and how to protect your rights during the order period. An attorney will also ensure you do not violate the order to avoid its legal consequences.

However, you can make a mistake or face accusations of violating a restraining order. You need your attorney’s support, advice, and guidance for a favorable result. The attorney will ensure you understand how the violation occurred, the possible consequences, and how to protect yourself from severe penalties. They will support you as you navigate all legal processes and defend yourself. Additionally, an attorney can use some of the best legal defense strategies to compel the court to dismiss or reduce your restraining order violation charges. Here are some of the techniques that can produce a favorable outcome:

The Restraining Order Was Not Valid

You can only face criminal charges and all these other consequences for violating a valid restraining order. When a judge issues a restraining order, the restrained person must receive and understand it to take effect. The order remains in effect for the dates specified.

You can use this defense strategy if you are accused of violating an order you have not received or one that was not properly served. If you received the order after the alleged violation, the court will not hold you in contempt because the order was not in effect when the violation occurred.

Your attorney can also use this strategy if you violated the order after its expiration. Remember that judges specify the validity of an order when issuing it. An EPO can remain in effect for up to seven days, and a TRO can remain valid for up to 21 days. You cannot violate a protective order if the violation occurs after it has expired.

The Violation was not Willful

When a court issues a restraining order, the restrained person must receive it and carefully study it to understand what it entails, the protected persons, and the dos and don’ts. Violating a court order occurs once you have the order and understand its limitations. If you lack this knowledge, you lack the intent to violate it.

Your attorney can use this defense in your favor if you did not knowingly or intentionally violate the order. It could be that you had just received the order and had not reviewed or understood its limitations.

This defense strategy can also work if what you did was not wrong according to your understanding of the order. For example, violating a stay-away order due to an involuntary encounter with the protected person is not intentional. Your attorney can convince the court that you did not know the protected person would be in the same place you were visiting.

The Allegations are False

The protected person or another party can falsely accuse you of violating a restraining order to get you into more legal trouble. Sometimes, people file false allegations out of jealousy or desire for revenge. Your attorney must prepare a strong defense against false allegations to ensure you do not pay heavily for a crime you did not commit.

They can interview the protected person or witnesses to discover the truth and then use it in your defense. They can also use your alibi to counter the false allegations. If this works well, the court will dismiss your charges.

Find an Experienced Restraining Order Attorney Near Me

If someone accuses you of domestic abuse, elder abuse, or civil or workplace harassment, they can obtain a restraining order against you. This protects them from further abuse as they find a better solution to an underlying issue. When judges issue restraining orders, they provide strict conditions that the restrained person must adhere to. Violating these conditions is a severe violation, punishable by a lengthy prison or jail sentence and a hefty court fine. The violation can also result in a severe criminal record and affect some legal issues you will face in the future.

Fortunately, you can avoid these and other consequences of violating a restraining order in California with the help of our competent attorneys at Goldman Flores Restraining Order Law Firm. Our attorneys can mount up a solid defense against your violation charges and other consequences to push for a favorable outcome in your case. Call us at 213-341-4087 to learn how we can help your situation.