First-Time Restraining Order Violations: What You Need to Know
When a court issues a restraining order, it carries the full weight of legal enforcement. Violating that order—even for the first time—can result in serious criminal charges that may lead to jail time, fines, and a permanent criminal record. Understanding the legal framework surrounding restraining order violations and the potential consequences is crucial for anyone facing these charges.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our criminal defense attorneys near you.
Understanding Restraining Orders in California
California law provides several types of restraining orders designed to protect individuals from harassment, abuse, or threats. These include domestic violence restraining orders, civil harassment restraining orders, workplace violence restraining orders, and elder or dependent adult abuse restraining orders. Regardless of the type, once a restraining order is issued and properly served, the restrained person must comply with all its terms.
A restraining order typically prohibits specific conduct, such as contacting the protected person, coming within a certain distance of them, or going to particular locations like their home or workplace. The order may also address child custody, visitation, property control, and other matters depending on the circumstances.
What Constitutes a Violation?
Under California Penal Code Section 273.6, it is a crime to intentionally violate any protective order issued by a court. A violation occurs when the restrained person knowingly engages in conduct that the restraining order prohibits. This can include:
- Direct contact with the protected person through phone calls, text messages, emails, or in-person encounters
- Indirect contact through third parties or social media
- Coming within the restricted distance of the protected person
- Going to prohibited locations such as the protected person’s home, workplace, or children’s school
- Any other conduct specifically forbidden by the terms of the order
Importantly, the prosecution must prove that the defendant knew about the restraining order and intentionally violated its terms. Accidental or unknowing violations may provide a defense, though proving lack of knowledge can be challenging once proper service has been documented.
Criminal Penalties for First-Time Violations
A first-time restraining order violation under Penal Code Section 273.6 can be charged as either a misdemeanor or, in some cases, a felony. The charging decision depends on various factors, including the nature of the violation, whether any violence occurred, and the defendant’s prior criminal history.
For a misdemeanor conviction, penalties may include:
- Up to one year in county jail
- A fine of up to $1,000
- Mandatory completion of a batterer’s treatment program if the underlying order was domestic violence-related
- Community service
If the violation involved an act of violence or a credible threat of violence, or if the defendant has prior convictions for violating protective orders, prosecutors may pursue felony charges. Felony violations carry significantly harsher penalties, including up to three years in state prison.
Consequences Beyond Criminal Penalties
Beyond the immediate criminal penalties, a conviction for violating a restraining order can have lasting consequences. A criminal record may impact employment opportunities, professional licensing, immigration status for non-citizens, and child custody arrangements. Additionally, a conviction may make it more difficult to defend against future allegations or charges, as prosecutors can use the prior violation as evidence of a pattern of behavior.
For individuals who possess firearms, a restraining order violation can result in the permanent loss of gun rights under both California and federal law. Many restraining orders already prohibit firearm possession, and a conviction reinforces these restrictions.
Common Defenses to Restraining Order Violation Charges
Several defenses may be available to those accused of violating a restraining order for the first time:
Lack of Knowledge: If the defendant was never properly served with the restraining order or was unaware of its specific terms, this may constitute a valid defense. The prosecution bears the burden of proving the defendant had knowledge of the order.
False Accusations: Unfortunately, restraining orders are sometimes weaponized in contentious family law disputes. The protected person may falsely claim contact or violations occurred when they did not. Phone records, GPS data, witness testimony, and other evidence can help disprove false allegations.
Lack of Intent: The violation must be intentional. If contact occurred accidentally—such as an unplanned encounter in a public place—this may negate the willful element required for conviction.
Consent or Invitation: In some cases, the protected person may have initiated contact or invited the defendant to communicate or meet. While this does not automatically excuse the violation (as restraining orders remain in effect regardless of the protected person’s wishes), it may be a mitigating factor in negotiations with prosecutors.
The Importance of Legal Representation
Facing charges for a first-time restraining order violation is a serious matter that requires experienced legal guidance. The consequences of a conviction extend far beyond the immediate penalties and can affect multiple aspects of your life for years to come. Early intervention by a knowledgeable criminal defense attorney can make a substantial difference in the outcome of your case.
Contact Wallin & Klarich Today
If you are facing charges for violating a restraining order, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, and Anaheim. Additionally, our law firm can handle many types of cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled criminal defense attorney near you.
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