Restraining and protective orders (PC 527.6 and 527.9) are court orders prohibiting you from having any contact (or having violent contact) with another person, or from visiting a certain location. Typically, someone could have a restraining order granted against you if there is some kind of fear that person could be subject to physical violence or threats of physical harm by you.
For most people, having a restraining order issued against them is frustrating. We understand that you may just want to meet with your loved one to work things out or go to a specific location just to pick up some of your belongings. However, that is extremely risky for you if a restraining order is issued against you. That is why your best option is to contact a skilled restraining order attorney immediately after you find out that a restraining order has been granted against you.
Punishment for Violating Restraining Order in California
In California, violating your restraining order is taken very seriously. This is considered a separate crime, and it carries severe punishment.
If you intentionally and knowingly violate a protective or restraining order, you could face misdemeanor charges. If convicted of these charges, you face up to 364 days in county jail and a fine of $1,000. Additionally, having this crime on your criminal record may affect you for the rest of your life. That is why you need an attorney who knows the defenses to this crime and has successfully defended clients accused of violating restraining orders.
Defenses to Restraining Order Violation
Our criminal attorneys have been successfully defending our clients facing charges of violating a restraining order for over 30 years. The most common defense we have used to help clients in these types of cases is that the alleged violation never happened at all. These cases often involve deep-seeded disputes between ex-spouses or lovers. Vigorous cross-examination of witnesses can demonstrate that the person alleging the violation is being untruthful about the alleged violation and can demonstrate their motivation to lie about the violation. A defendant can also show affirmative evidence in the form of documents such as phone records or testimonial evidence from witnesses who could testify that the alleged violation could not have occurred. If the jury finds that there is insufficient evidence to find the defendant in violation of the order, it would lead to a not guilty verdict in criminal court.
Another common defense in these cases is that you had no knowledge of the restraining order due to the fact that you were never served with or made aware of the order. A skilled defense attorney can also attempt to attack the legality of the order.
Judges and prosecutors take violation of restraining order cases very seriously and defendants who are convicted in these cases often face jail time as a result. A criminal conviction for violating a restraining order can also adversely impact future and present employment and can negatively impact your reputation in the community.
Call an Experienced Criminal Defense Attorney Now
If you are accused of violating a restraining order, you need to speak to an experienced criminal defense attorney at Wallin & Klarich. Our skilled attorneys have used many valid defenses to help our clients facing charges of violating their restraining orders. We can help you now.
With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, West Covina, Sherman Oaks, Torrance, Ventura and Victorville, our skilled and knowledgeable restraining order lawyers can help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.