The court can issue a restraining order against you after allegations of harassment, stalking, or violence. Restraining orders have strict conditions that you must follow throughout the validity period. The conditions can include no contact and discontinued harassment, and they aim to ensure the safety and well-being of the alleged victim.

If you violate one or more terms of the restraining order, you can face an arrest and charges under California Penal Code 273.6. After the arrest, the court holds a hearing to determine whether you violated the order. A conviction for violating a restraining order is a serious offense punishable by incarceration and fines.

Facing charges for violating a restraining order in California is overwhelming. Therefore, you will need the guidance of a reliable restraining order attorney. Your lawyer will help you build a solid defense against the charges and avoid the consequences of a conviction.

The following are common defenses to a restraining order violation charge:

Coercion or Duress

Sometimes, duress or coercion is an applicable defense to charges for violating a restraining order. You can use this defense if another person forces you to violate the order by threatening to harm you or your family. Under these circumstances, you could argue that you did not act voluntarily.

California law does not automatically excuse the violation after a claim of duress. The burden of proof is on you to prove that the circumstances were severe enough to justify your actions. You must prove the following factors to successfully assert coercion as a defense for violating a restraining order:

  • You were under immediate threat of harm.
  • The threats made it impossible to follow the restraining order.
  • The threat was not self-induced.
  • You had no reasonable opportunity to escape or avoid harm.

A successful duress defense may lead to reduced charges or a more lenient sentence. Each case of violating a restraining order is different. Therefore, this defense would need a thorough evaluation by a skilled restraining order lawyer.

Your Actions do not Constitute a Violation

Each restraining order can have specific conditions that it prohibits. Typical forms of conduct prohibited by a restraining order include:

  • Physical contact. Avoid physical contact or unwanted touch.

  • Harassment. Avoid causing distress or fear.

  • Threats. No threats of violence or harm to the protected person.

  • Stalking. No following or tracking of the protected person.

  • Communication. Avoid calls, texts, or social media contact with the protected person.

  • Property Damage. Avoid destruction or damage to personal property.

  • Violence. Avoid acts of physical violence or assault.

  • Possession of Firearms. The court may order you to surrender your firearms as a condition of the restraining order.

The specific conditions that the court will impose on the restraining order against you will vary depending on the underlying offense. Additionally, the court may consider your relationship with the protected person.

Violating one or multiple orders can result in an arrest and a conviction. You can defend yourself against the charges by arguing that your conduct did not fall within the scope of the restraining order. For example, a restraining order could forbid physical contact with the alleged victim. Therefore, if you made a phone call or a message, your conduct may not constitute a violation.

You could avoid a conviction or face lesser penalties if you prove the order did not cover your conduct.

Lack of Knowledge of the Restraining Order

A common defense against charges of violating a restraining order is that you did not know of the order's existence. You must have been adequately served with the restraining order to be charged and convicted under California PC 273.6. Receiving the order notifies you of the conditions that you must follow.

In California, law enforcement officers serve the restraining order. The officers include sheriffs, constables, or professional process servers. The person seeking the restraining order must first file a request for the order in court. The court will grant the order if sufficient evidence proves its need.

The petitioner shoulders the responsibility to ensure that you receive the restraining order. The sheriff or a process server will deliver you a copy of the restraining order and any accompanying documents.

You must receive the papers at least 5 days before the hearing date to have an opportunity to respond. If you are not adequately served with the order, the court can dismiss the order or reschedule the hearing. Proof of service is in the form of a signed document from the person who served the papers.

If you did not receive proper notice, you can use your lack of knowledge of the order as your defense against PC 273.6 charges. In the defense, you can argue that you did not know the conditions you needed to follow.

Another Person Committed the Violation

You can argue that another person committed the violation as a defense to your charges for violating the restraining order. The defense is most relevant if you prove that you were not directly involved in the contact or behavior prohibited by the order.

Some restraining orders do not prohibit your family members from contacting the protected person. Thus, you can avoid a conviction for the offense by proving that an individual close to you committed the violation.

Under these circumstances, the court cannot hold you accountable for another person's actions. However, you can still face liability if you instruct a third party to commit the violation.

The Protected Person Initiated Contact

In most cases, a restraining order prohibits your contact with the alleged victim. A judge may order you to stay a distance from the protected person. Contacting the victim or going to a location where you know they frequent could result in charges under PC 273.6.

Unfortunately, there are times when the protected person could initiate the contact and accuse you of violating the order. Under these circumstances, you can use this as a defense. If the person protected by the restraining order reaches out to the restrained individual, it may not constitute a violation.

For example, if the protected person shows up at your workplace or calls you, you can argue that the restraining order violation was not your fault. The defense does not absolve you from responsibility. However, you can use it to lower your liability, resulting in a more lenient sentence.

The Violation Was a Result of a Miscommunication

Sometimes, a restraining order violation may result from miscommunication between the parties involved. Therefore, you could use miscommunication to defend your charges for violating the order. For example, you might argue that you thought the court had lifted the order. When using this defense, you must convince the court that your assumption resulted from misinformation.

In this case, you can present evidence of the miscommunication, including text messages or phone records. The evidence must show that you believed the order was no longer effective. Asserting this defense is challenging because a restraining order is legally binding. Therefore, you must hire a skilled attorney to build the defense.

Unintentional or Accidental Violation

Sometimes, you can use ‘unintentional or accidental violation’ as a defense to charges for violating a restraining order. The defense arises when you unknowingly breach the order. An accidental breach may result from a misunderstanding or honest mistake. For example, you might enter a public area without knowing the protected person's presence.

You could assert this defense if the instance results in charges for violating a restraining order. In other cases, failure to understand the restraining order can result in an accidental violation.

You must prove that the violation was not deliberate or willful to use this defense. The court will examine the circumstances surrounding the violation. These factors include:

  • Whether you knew of the restraining order's existence
  • Whether the violation was an honest mistake,
  • Whether you took reasonable precautions to avoid breaching the order.

Accidental violation is a challenging defense since restraining orders are clear and enforceable. Additionally, the court does not accept ignorance of the order as a valid excuse. The burden of proof lies on you to prove the violation was an accident. For this reason, you will need the guidance of a reliable restraining order attorney.

Mistaken Identity

Another potential defense against charges for violating a restraining order is mistaken identity. When using this defense, you can provide evidence that you were not the person who violated the order. A case of mistaken identity is common when a restraining order prohibits further abuse or stalking.

Unfortunately, these occurrences may happen at night or in secluded areas. If another individual who resembled you committed the act, you could be mistakenly charged with the offense. Considering your previous conduct against the protected person, the prosecution can file charges against you.

Under these circumstances, you must aggressively fight to prove mistaken identity. Your attorney can help you establish an alibi when the violation occurred. The court may dismiss the charge if you prove that you were not the person who engaged in the prohibited conduct.

The Restraining Order was No Longer in Effect

In California, restraining orders have different lengths of validity. An emergency restraining order lasts for up to seven days. During this period, the petitioner must seek a temporary restraining order, which offers protection for up to fourteen days. After a hearing, a judge determines whether the petitioner needs further protection. The court will then issue a permanent restraining order, which will last for up to five years.

Your commitment to the restraining order lasts as long as it is valid. You are no longer obligated to follow the court-imposed terms when the order expires. When you face charges for violating a restraining order, you could argue that the order was invalid or expired. You can use this as a valid defense if you can prove that the order expired before the alleged violation occurred.

Sometimes, the court can dismiss or modify the restraining order before it expires. Common modifications to a restraining order include:

  • Change in distance requirements
  • Extending the duration of the restraining order
  • Allowing or restricting contact
  • Changing the terms of property access

If you are not notified of the modification, you cannot face a conviction for violating a condition you did not know existed.

You acted in Self Defense

When issuing a restraining order against you, the court may order you to avoid threatening or harming the protected person. Engaging in acts that make the protected person fear for their safety can result in PC 273.6 charges.

Under these circumstances, you can argue that you acted in self-defense or the defense of others. When using this defense, you must prove that:

  • The protected person threatened your safety or that of another person.
  • Your actions were necessary to protect yourself from harm.
  • You did not initiate the contact.

Under California Penal Code § 198.5, the right to self-defense applies if the person reasonably believes they are in imminent danger. However, the defense is fact-specific, and its applicability will depend on the circumstances of your case.

No Contact with the Protected Person

Another defense against your PC 273.6 charges is that you did not contact the protected person. A primary condition of a restraining order is to avoid contact with the person protected by the order.

You could be convicted for violating a restraining order by claiming false allegations. The penalties for violating PC 273.6 are severe. Therefore, anger or revenge can push someone to accuse you of the offense falsely.

Find a Reliable Restraining Order Lawyer Near Me

California law defines a restraining order violation as the failure to follow the conditions of the order. The conditions of a restraining order include avoiding contact with the alleged victim and keeping a specific distance away from them. Additionally, the court may order you to stop the harassment and violence. A conviction for this offense could result in a jail sentence and hefty fines.

Fortunately, there are defenses you can explore against the charges depending on the circumstances. Common defenses you could raise for your case include a lack of knowledge of the order and misunderstanding. Additionally, challenging the order's validity can help you avoid a conviction or lessen the consequences of your offense.

Each case of restraining order violation in California is unique. Thus, you must consult with a skilled attorney. At Goldman Flores Restraining Order Law Firm, we will evaluate your case to determine the best defense strategy. Call us at 213-341-4087 to discuss your case.