If you or a loved one has had a court impose a restraining order upon you in California, you must realize that this is a very serious matter.
You must follow the specific terms of the restraining order. You will receive a copy of the order when you go to court. You must read it. You must understand what you can and cannot do. You must understand where you can and cannot go. Ignorance will not be a valid defense if you are accused of violating the restraining order. Once you have notice of the restraining order, you are bound by its terms.
Restraining Orders Must Be Obeyed (PC 273.6)
If a court enters a restraining order against you, the judge is essentially putting you on notice that you can be sent to jail if you try to contact the person who filed the restraining order or are found to be within a specified distance of that person, his or her home, or his or her place of employment.
If you have any desire to contact the other person with a quick phone call, text message, email, or by trying to have a face-to-face conversation, you must wait until the restraining order is lifted or expires. Remember, the person who filed the order against you can bring any proof of your attempts to make contact to the police, which could result in you being arrested for violating the restraining order.
If you violate a restraining order that has been imposed upon you, you could go to jail. Under California Penal Code Section 273.6, it is a misdemeanor to violate a restraining order. You face a fine of $1,000 and up to 364 days in county jail if it is found that you violated the terms of a restraining order.
A second conviction for violating a restraining order could be charged as a felony, and could increase the penalties to a $10,000 fine and up to three years in state prison.
What Are Your Options?
You are not without options if a restraining order has been issued against you. If your circumstances are such that you cannot wait for it to end before resuming your life, you can speak to an attorney about applying to have the restraining order modified or lifted.
An experienced restraining order attorney may be able to convince the court that you deserve to have the order lifted or modified. Your attorney can show the court evidence of gainful employment, participation in counseling, and statements from persons who can attest to the change in your character as evidence that the restraining order should be lifted.
Many times, a restraining order is sought by a spouse or boyfriend or girlfriend. Often when that person receives the restraining order, they feel they have made a mistake. They may want to terminate the restraining order issued against you. When that happens, you may be able to convince the court that the restraining order should be vacated. However, in such a circumstance it is best to contact an experienced law firm that handles restraining order matters to help you.
Contact the Restraining Order Attorneys at Wallin & Klarich Today
Accusations that you violated a restraining order could lead to jail time. That is why it is important to seek the help of an experienced criminal defense attorney if you are accused of violating a court order. At Wallin & Klarich, we have over 35 years of experience successfully defending clients facing restraining order violations. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance and Victorville, there is an experienced Wallin & Klarich restraining order attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.