January 11, 2024 By Paul Wallin

Penalties For Violating A Restraining Order


A restraining order is a legal document issued by the court to protect a person from potential harm or domestic violence. The main purpose of a restraining order is to prevent contact and maintain distance between the parties involved.

But what happens if you violate a restraining order in California? Well, violating any court orders, including restraining orders, can result in serious consequences and penalties. In California, violating a restraining order is considered a criminal offense, and the violator can face severe punishment.

If you are facing charges for violating a restraining order in California, it is crucial to seek the assistance of a defense attorney. A defense attorney specializes in criminal law and can guide you through the legal proceedings while advocating for your rights. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL  for your free consultation!

Penalties

In California, the penalties for violating a restraining order can vary based on the severity and frequency of the violations, as well as any prior criminal record. For a first-time offense without any physical harm caused, it’s typically treated as a misdemeanor, which can lead to fines of up to $1,000 and/or imprisonment for up to one year. However, if the violation involves physical injury, or if it’s a repeated offense, it can be prosecuted as a felony, resulting in steeper fines and longer imprisonment. Furthermore, in the event that your breach of a restraining order leads to physical harm inflicted upon the individual under protection, you will be required to serve a minimum of 30 days in jail and could face fines amounting to a maximum of $2,000. In the case of a second or subsequent violation of a restraining order, the consequences are even more severe. This offense is commonly prosecuted as a felony, carrying a potential prison sentence of up to three years and fines reaching up to $10,000.

If you find yourself in such a situation, it’s essential to promptly hire a defense attorney who can help protect your rights and navigate the complex California legal system. Our attorneys at Wallin & Klarich have the experience you need. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!

What the Prosecutor Must Prove

To secure a conviction for violating a restraining order, the prosecution must establish specific elements of your case. A proficient defense lawyer specializing in restraining order violations may be capable of demonstrating that your actions do not satisfy the necessary elements.

The elements that must be proven by the prosecution to indicate a violation of a restraining order are as follows:

  1. A valid restraining order was lawfully issued against you.
  2. The order explicitly pertained to your conduct and actions.
  3. You were aware of the existence of the court order and possessed knowledge of its contents.
  4. You possessed the immediate capability to comply with the terms outlined in the restraining order.
  5. Your breach of the protective order was intentional.

By challenging the presence of any of these elements, a skilled defense attorney may be able to effectively contest the allegations against you. Call our office today for a free consultation!

Possible Defenses

Depending on the facts of your case, a skilled defense attorney may be able to raise a number of defenses in order to lessen your charges or get your charges dropped altogether. Some possible defenses include:

  • The issuance of the restraining order was not conducted lawfully.
  • You were not currently capable of adhering to the terms outlined in the protective order.
  • Your violation of the order was not intentional.
  • You were unaware of the existence of a restraining order against you.
  • The accusations made against you are unfounded.

If you find yourself facing allegations of violating a restraining order, we encourage you to reach out to our law firm for a complimentary phone consultation pertaining to your case. Our team will carefully examine the details surrounding your situation and identify viable legal defenses that can be utilized to vigorously combat these charges.

Contact Wallin & Klarich Today 

If you have been accused of violating a restraining order, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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