California Violation of Protective Order Lawyers
What You Need to Know About Violation of a Restraining Order
Restraining and protective orders (pc §§ 527.6 and 527.9) are court orders prohibiting somebody from having any contact (or having violent contact) with another person, or from visiting a certain location. Restraining Orders are most often issued when a person files documents with the court seeking the granting of a restraining order. The allegations that lead to the granting a restraining order are most often related to physical violence or threats of physical harm.
Protective orders are always issued in criminal cases and must be requested by a prosecutor or judge. They are usually associated with domestic violence charges, but can be issued before you have been tried or convicted on those charges. Generally, a protective order forbids you from having contact with someone or visiting the place where that person lives or works. A no-contact order includes phone calls or messages through another person. The no contact order does NOT include contact with the person through your lawyer or through an investigator hired by your lawyer. Protective orders can last up to five years, but may be revoked sooner at the victim’s request or if the judge feels that the need for the protective order no longer exists. Often at Wallin and Klarich we make a motion to have protective orders lifted after we are retained by a client facing a serious charge.
Restraining orders are issued civilly and can be requested by people who believe they are victims of crime, violence or harassment (including telephone harassment). The alleged victim, usually through a lawyer, must first file for and receive a temporary restraining order. TRO’s as they are called are commonly granted and do not require a high burden of proof. The judge will then schedule a hearing to determine if there is sufficient evidence to grant a permanent restraining order. At this hearing the court will require a higher burden of proof prior to granting a permanent restraining order. The defendant must serve you with all legal documents related to the restraining order hearing and show proof to the court that you were in fact served. At the restraining order hearing you have the right to be represented by a law firm. You should strongly consider hiring a law firm to defend you at all restraining order hearings. You have the right to testify, call witnesses and cross examine the person who has brought the restraining order matter to court. You need to have a defense prepared to the allegations.
If a restraining order is granted against you it can last for as long as five years. During the period of time that the restraining order is in place you will be ordered to surrender any weapons you have to the court. In addition, you can then be prosecuted and sent to jail for a violation of the restraining order. You need to remember that a restraining order will limit your freedom of movement and often makes it difficult for people to go to work, visit friends, if to do so would require you to go into an area where you have been legally restricted from going.
Intentionally and knowingly violating a protective or restraining order is a misdemeanor that could land you in jail for up to a year, earn you a fine of up to $1,000, or both. If you knowingly violated a court order and someone was physically injured as a result, the fine doubles and you are facing a mandatory minimum jail sentence of at least 48 hours.. Repeat violators can be fined up to $2,000 and can expect to be in jail for at least 30 days. In addition, if you’re out on bail or probation, violating a protective order will likely result in you to be taken back into custody on a probation violation.
Courts may choose to give you probation instead of jail time for violating either type of court order. As a condition of this probation, the judge can choose to require you to make payments to a shelter for battered women, elderly people or dependent adults. The court may also require you to reimburse the victim for any counseling or other expenses that resulted from the violation. And of course, any use or possession of a firearm while you’re under a protective order is also illegal and carries separate punishments. It will also make any future criminal proceedings or family law proceedings more difficult to win.
