If a restraining order is issued against you by the court, it means that you are required to stay away from and to not make contact with the protected individual. There may be additional requirements spelled out in the protective order.
Failing to comply with any of the terms of your restraining order could lead to serious penalties, including jail time and expensive fines. That is why you should hire an experienced restraining order violation lawyer to defend you against these accusations. Let’s explore the consequences you face if you are accused of violating a restraining order.
Punishment for Restraining Order Violation (PC 273.6)
Under California Penal Code Section 273.6, a first-time restraining order violation is a misdemeanor crime. If you are convicted of a misdemeanor restraining order violation, you face up to 364 days in county jail and a maximum fine of $1,000.
Additionally, if your restraining order violation resulted in physical injury to the protected person, you will have to serve a minimum 30-day sentence in jail and could be fined up to $2,000.
A second or subsequent violation of a restraining order is punished more severely. This crime is typically charged as a felony. Felony restraining order violations carry a punishment of up to three years in prison and fines of up to $10,000.
How You Could Be Found in Violation of a Restraining Order
It is important that you speak to an experienced restraining order violation defense lawyer if you are accused of violating a restraining order. In order to convict you of violating a restraining order, the prosecution must prove certain elements in your case. A skilled restraining order violation defense lawyer may be able to show that your act does not meet the required elements.
The elements that the prosecution must prove to show that you violated a restraining order include:
- The court lawfully issued a restraining order against you
- The order was a restraining order directed at your conduct
- You knew of the court order and were familiar with its contents
- You had the “present ability” to follow the terms of the restraining order, AND
- You intentionally violated the protective order
There are a number of an experienced restraining order defense lawyer may be able to apply in your defense. Some defenses our knowledgeable attorneys have used to successfully defend clients accused of violating a restraining order include:
- The restraining order was not lawfully issued
- You did not have the “present ability” to follow the protective order
- You did not intentionally violate the order
- You did not know that a restraining order had been issued against you, AND
- The allegations against you are not true
If you are accused of a restraining order violation, contact our law firm for a free phone consultation regarding your case. We will review the facts of your case and determine which valid legal defenses we may be able to use to aggressively fight these charges.
Speak to a Restraining Order Violation Defense Attorney at Wallin & Klarich Today
If you or someone you love has been accused of violating a restraining order, you should contact an experienced restraining order violation defense attorney immediately. At Wallin & Klarich, our skilled criminal defense lawyers have over 40 years of experience successfully defending clients facing restraining order violations. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich restraining order violation defense attorney available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.