Violation of Restraining Orders in Orange County – Frequently Asked Questions
I have been served with a restraining order in Orange County. What happens if the victim contacts me?
If the terms of your restraining order forbid contact with the victim, you should try and avoid any contact with the alleged victim at any cost even if he or she contacts you first. The restraining order is aimed at restricting your conduct, not the victim’s, and only you can be convicted of violating its terms under California Penal Code section 273.6. If the victim wishes to remove the restraining order, he or she must contact the Orange County court and request that the order be lifted. Until that time, do not speak or communicate with the alleged victim in any way until you have verification that the restraining order has been officially lifted by the court.
How to serve a restraining order in California?
Once a restraining order has been granted by the court, the order papers must delivered or “served” to you in a way that gives you notice of its terms. Personal service can be performed by a law enforcement office or a process server who is registered with the court. In addition, you can be orally “served” with the terms of the restraining order by a judge who reads them aloud to you in court and ensures that you understand them.
If I think that a restraining order is invalid should I just ignore it?
No. Any order issued by the court must be obeyed or you could face criminal penalties for non-compliance. If you believe that a restraining order is invalid, based on false information or improperly served, you should contact an attorney can advise you on how to proceed without being in violation of the restraining order.
How will a restraining order affect my gun ownership?
A restraining order will typically prohibit you from owning or possessing any firearms while the order is in effect. Under California Penal Code section 12021, it is a misdemeanor offense to possess or purchase a firearm if the restraining order restricts your access to this type of weapon. If you own a firearm at the time the restraining order is issued, the court may require you to turn it over to the police or sell it to a local arms dealer.
Is violating a restraining order charged as a misdemeanor or felony in Orange County, California?
Typically, violating a restraining order is charged as misdemeanor if it is your first violation. However, if you have previously been convicted of violating a restraining order within the past year and the victim has sustained physical injury as a result of the current offense, your violation can be charged as a felony offense. The offense can also be charged as a felony if it is your second violation within seven years and involves violence or threats of violence.
Can an employer discover the existence of a restraining order on my record?
Restraining orders are accessible by the public because they are public record, which means that an employer can find such information if he or she knows where to look. Normal background checks conducted on potential employees vary in terms of their thoroughness and the type of information the individual employer is attempting to access. Luckily, a restraining order is not considered a criminal conviction and therefore will not appear on a background checked aimed solely at discovering your criminal conviction history. In addition, civilly issued restraining orders are unlikely to appear during a background check as most employers do not attempt to access your family law or civil records. However, there is no law that prevents employers from accessing this information if they so desire.
If I have been charged with violating a restraining order under California Penal Code section 273.6, who should I call?
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, and Victorville, Wallin & Klarich has over 30 years of experience in successfully representing Southern California residents who have been charged with violating a restraining order. Drawing from extensive years of experience, we are available to answer any questions you have and are willing to go the extra mile in your defense.
If you are facing prosecution for violating a restraining order, call our talented and professional defense attorneys in Orange County today at (877) 4-NO-JAIL (877-466-5245). We will be there when you call.