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Violation of Restraining Order: Overview

 

In California, a restraining or protective order is issued by a court or law enforcement agency that can prohibit a person from harassing, threatening, contacting, or merely approaching another specified person. Restraining orders are typically requested by petitioners who seek to prevent the respondent from doing some abusive act that the respondent has threatened to do. Generally, there are four basic types of restraining orders that a civil court can issue:

 

  • Emergency Protective Order (EPO)
  • Temporary Restraining Order (TRO)
  • Permanent Restraining Order (PRO)
  • Civil Harassment Restraining Order (CHRO)

 

If you are accused of intentionally or willfully violating the terms of a restraining order, you may be held in contempt of court and face possible civil and criminal consequences. The court in this situation may choose to take steps to compel compliance with the order by imposing jail time or fines. It may also use its contempt power to punish willful violations by imposing criminal misdemeanor or felony penalties. See California Penal Code Section 273.6.

 

There are a number of ways to contest a restraining order if one is issued against you. Depending on the facts of your case, a family law attorney can challenge the validity of the restraining order by characterizing it as an overreaction to a domestic argument or an act of retaliation by the seeking petitioner. The attorney may also assert that the restraining order was improperly served because notice was not proper given, thus resulting in your lack of knowledge.

 

A restraining order can potentially be unfairly issued by a court, which can then lead to an unjust result. If you find yourself charged with violating a restraining order, it is imperative that you contact an experienced restraining order attorney. Our attorneys at Wallin & Klarich have over 30 years experience in helping obtain a restraining order or defend against accusations of violations. Call us today at 888-749-0034. We will be there when you call.