Corona Restraining Order Violation Lawyer
Facing accusations of violating a restraining order in Corona, CA, can be an extremely frightening experience. Because a guilty verdict would be accompanied by fines, jail time, or even a permanent mark on your criminal record, it’s important to have a Corona restraining order violation attorney by your side. These legal professionals are trained to investigate the details of restraining order violations and find ways to reduce or dismiss the charges.
The legal team at My SoCal Lawyers understands how nerve-racking it can be to face a restraining order violation. The impact a charge like this could have on your life is immense. It’s why our team of experienced Corona criminal defense attorneys has spent years understanding the nuances of restraining orders to identify inconsistencies and errors in the allegations that our clients face. If you are facing an allegation like this in Corona, connect with us today.
Common Reasons Why Someone Is Accused of Violating Their Restraining Order
Being found guilty of violating a restraining order can lead to significant legal consequences. Understanding the most common reasons these accusations arise can help you and your defense attorney prepare a strong defense. Your legal team could help explain why your actions and behavior might appear like a violation but should not be treated as one.
Some of the most common reasons someone finds themself accused of violating restraining orders include:
Accidental Contact
Sometimes, an individual who was issued a restraining order accidentally has an encounter with the protected party. This can happen in many different places, such as a park, grocery store, or even a community event where it’s perfectly reasonable that both parties end up in the same place unintentionally.
Despite a lack of intent on the defendant’s side, this encounter could still appear like a violation. This is especially true if the protected party feels uncomfortable or threatened by the individual for whatever factors led to the original restraining order being issued. To defend against accidental contact scenarios, a defense attorney will need clear documentation about their client’s whereabouts and any witnesses who can testify to the accidental nature of this encounter.
Misunderstanding of Terms
Because the terms and conditions of a restraining order can be difficult to comprehend in their entirety, a defendant may have unintentionally violated an order that they misunderstood. For example, the defendant may have understood they were not allowed to physically see the individual who issued the order but thought that sending a text or email was still within their legal bounds.
If the other protected individual was aware of these terms, they might see a text or email as an intentional violation of the order. This is especially true if, from their perspective, the details of the order seem clear. In these scenarios, a defense attorney will need to highlight their client’s genuine desire to comply with the order and misunderstanding of the conditions in this particular instance. If this violation only happened once, it can help reinforce that it was a mistake that will not happen again.
False Allegations
Unfortunately, sometimes, a protected party will make false allegations of a restraining order violation in an attempt to continue inflicting harm on a defendant. This is common in scenarios where there are ongoing personal conflicts between the individuals or if the protected party is intentionally seeking revenge.
False allegations are also common when the protected party is trying to secure full custody in an ongoing divorce case. To protect a defendant from false allegations, a defense lawyer will spend time collecting all evidence available that can help point to their innocence. This will include phone records, digital communications, GPS data, or even the testimonies of any bystanders that can all highlight the prosecution’s ulterior motives and lack of validity in their accusation.
Ambiguous Communication Attempts
In most restraining orders issued in California, any attempt to communicate with a protected party will be considered a violation. However, when it comes to communication methods, it could be unclear to a defendant what specific forms of communication are off-limits.
For example, a defendant may fully understand that direct communication, like a phone call or text message, is off-limits. However, they may also believe that indirect communications, such as liking a post on social media or sending a message through a mutual friend, do not violate the terms of the protective order. A defense attorney will look into the details of these indirect communication attempts and suggest to the court that these were not acts of malice.
Proximity Violations
Many restraining orders will include details on how much distance an individual must stay away from a protected person. This includes not only where the protected individual is physically at all times but also designated places like their home, place of work, and anywhere else the person spends a lot of time. Being in any of these protected spaces after the order has been issued can lead to a restraining order violation accusation.
For example, sometimes, the individual who is restrained may happen to be in the same grocery store at the same time as the protected party. If they immediately step away and respect the proximity conditions of their restraining order, this can be seen as an act of compliance. A surveillance video can help prove the defendant’s attempt to remain compliant and the genuine lack of knowledge that the protected party was at the store.
Third-Party Contact
Sometimes, a protected party will advance a restraining order violation case if it has been contacted by a mutual acquaintance on behalf of the restrained individual. This could include a defendant asking a friend or family member to send a message, which on the surface may appear like a compliant act under the order.
However, these acts are often seen as an attempt to identify a loophole in the agreement and circumvent the direct contract restrictions. Just because the protected party didn’t hear the message directly from the defendant’s mouth doesn’t mean the message itself wouldn’t have a triggering impact that causes harm. Avoiding all forms of contact, even messages sent through third parties should be avoided to remain in compliance with the original order.
While there are more reasons why someone may be accused of violating their restraining order, these are some of the most commonly seen in Corona, California. If you have been accused of any of this behavior or something similar, start constructing your defense strategy with an attorney as soon as you can.
What Punishments Exist for Violating a California Restraining Order?
There can be significant legal repercussions for violating a restraining order in California. These consequences vary in severity and will largely be dependent on the context of each specific violation. Some of the most common punishments include:
Arrest and Criminal Charges
When there is evidence that a restraining order has been violated, law enforcement may have the authority to arrest the individual accused of making the violation. The authority to immediately restrain someone accused of this is to prevent a protected party from experiencing any other acts of harm or unlawful contact. Based on the details of the violation, the district attorney or prosecutor can then decide if they want to file an official criminal offense against the defendant.
If this happens, the process will involve a review of both the prosecution and defendant’s evidence, as well as their account of what happened on the day of the alleged crimes. If it’s decided there is enough evidence for the restrained individual to face a criminal trial, it will be up to their defense attorney to help protect them from facing further penalties.
Fines and Imprisonment
If someone has been found guilty in court of violating their restraining order, it’s not uncommon to see them face a combination of fines and a required jail sentence. For someone who was charged with a first-time misdemeanor violation, the fines and prison sentence will be on the lower side. However, the more egregious the violation, the more reasonable it is to expect both these penalties to be much higher.
The court has full authority to use its discretion when issuing penalties for restraining order violations. It will use information such as the severity of the violation and what damages were caused to the victims to make these determinations. Having an attorney experienced in restraining order violations could help reduce the severity of these penalties.
Judicial Sanctions
Sometimes, a judge overseeing a restraining order violation case can impose additional sanctions against a convicted abuser in combination with criminal penalties. These are highly dependent on the context of the violation. For example, if the restraining order violation involved a shared child between the two parties, the judge may choose to alter an existing custody or visitation arrangement to help protect the child from harm in the future.
Another example of a judicial sanction is when a judge decides to hold the restrained person in “contempt of court” for not remaining compliant with the order. In addition to criminal penalties, the defendant could face even more fines, community service, or days spent in prison. This additional sanction is leveraged when the judge believes an extra deterrent is needed to prevent the individual from acting this way again after their penalties have been served.
If there is any evidence that a defendant suffered financial loss or emotional distress due to the interaction, the court may also force a defendant to pay monetary sanctions to the victim. In these instances, the prosecution will need to provide clear evidence that details the exact damages they experienced as a result of the restraining order violation. The defense will have an opportunity to combat this evidence with their own to point out any flaws or inconsistencies in their claims.
Employment Consequences
Violating a restraining order can also come with consequences for the individual’s employment. Many employers create their own set of policies that relate to their employee’s criminal behavior and legal compliance. They may find that being found guilty of a restraining order violation warrants an immediate termination of their employment. This is especially true when the individual works with vulnerable populations or handles sensitive information.
The violation could also make it difficult for the individual to find work again. Depending on what job they are applying for, a background check could identify this violation. This might prevent many different employers from hiring the individual. The same issue could apply when trying to apply for a new professional license or certification to do a new type of job.
Firearm Restrictions
Because a restraining order violation could indicate the individual is a public safety threat, the court could restrict their ability to own and access firearms. For example, a defendant could be barred from owning or purchasing any new firearms. This is especially common in domestic violence scenarios. A court order will likely require law enforcement to come and take any guns that they already legally own.
If an individual attempts to purchase another firearm in the future, this could be prevented from happening during the background check process. The court may put the legal restriction in both state and federal databases to ensure that the individual is flagged and prevented from completing any new firearm transactions they start.
These are some of the most common punishments that could be issued if someone is found guilty of violating a restraining order. The severity and impact of these can significantly alter the quality of one’s life. If you believe you are being unfairly accused of making a mistake, a defense attorney can help to prove your innocence or misunderstanding of terms in court to avoid a harsh penalty.
How Can a Criminal Defense Attorney Help a Restraining Order Violation Case?
The role of a criminal defense attorney was designed to help defend individuals who face accusations like a restraining order violation. These legal professionals are equipped with both the education and experience to help maximize the chances of a positive outcome for their clients.
Some areas where attorneys can add the most value include:
Comprehensive Case Review
Criminal defense attorneys take the time to conduct a thorough review of their client’s case to ensure they understand every detail and piece of evidence on the table. This includes a careful review of the terms and conditions of the original restraining order to see if it was properly served and if the client was fully informed about each term and condition in the document.
They will also look into the prosecution’s evidence against their client. This includes examining the police report, all witness statements, and any other physical evidence that might have been collected at the scene, such as photographs or surveillance footage. From this, the defense attorney will apply whatever defense strategy they believe has the most favorable chance of poking holes in the prosecution’s case to help dismiss or reduce the penalties they are seeking.
Legal Strategy Development
There are many different ways a defense attorney might approach the defense strategy. One tactic could be to challenge the validity of the order. They could argue that the restraining order was never properly issued to their client or provide evidence of a procedural error during its issuance. This has the power to dismiss a restraining order violation case completely.
Defense attorneys also might try to demonstrate that their client lacked clear intent to cause the violation. This would require providing evidence to suggest that the contact or communication their client engaged in was either an accident or was not intentional. If this isn’t possible, they may choose to question how credible the prosecution’s witnesses are in raising concerns that their accounts of what happened are biased or suggest an ulterior motive.
Negotiation and Plea Bargaining
Experienced criminal defense attorneys have the skill set to negotiate against the prosecution to try and reduce the charges their clients face through plea bargains. This process involves a defendant exchanging their confession of guilt to lessen the penalties they face. A common motivation behind this is to reduce how costly the fines are or how long they have to spend in prison when the evidence against them looks difficult to combat.
A defense attorney may also choose to advocate for alternative punishments for their clients. This could include a proposal to swap a jail sentence for a combination of community service hours and probation. They could also try to prove that their client is not a danger to society and suggest house arrest instead of incarceration.
Representation in Court
If a restraining order violation case needs to go to court, a defense attorney will be in the room the entire time defending their client. This is to supervise the entire process and ensure that no one tries to take advantage of their client’s rights.
When the time comes, a defense attorney will introduce various pieces of evidence during the trial to support the defense claims they are making. This is to raise doubts in the judge and jury that their client is guilty or worthy of strict punishment. All of this can also help to expose flaws and inconsistencies in the prosecution’s case and raise questions about the legitimacy of the accusation.
Mitigating Consequences
If a client is found guilty, a defense attorney can still help mitigate the long-term implications of the charges. For example, they could advise their client on what options exist to have their criminal record expunged or sealed in the future to help them move forward in life without this burden.
They can also help provide strategies to ensure they are able to secure gainful employment and professional licenses in the future. Criminal convictions can make these difficult to obtain without the guidance of a defense attorney. The same applies to other civil rights that could be in jeopardy, like owning a firearm and being able to vote.
Access to Resources and Expert Witnesses
Seasoned criminal defense attorneys build up access to a network of resources and expert witnesses that can help strengthen defense cases. In many cases, these witnesses are highly skilled individuals in a specific discipline that can add credibility to a defense case, like a psychologist who can help explain why a defendant behaved in a certain way. They could also hire a private investigator to gain access to additional evidence.
Hiring an experienced defense attorney also means gaining access to someone who can conduct intense legal research. This will help uncover legal precedents that can be used to support your defense strategy.
By tapping into the experience and resources of a defense attorney, you can leverage all of these benefits and more to maximize the odds of success in your case surrounding the violation of a restraining order. Hiring an experienced attorney can help minimize the impact this accusation has on your life.
What Happens If a Restraining Order Is Not Served in California?
A restraining order in California must be legally served to ensure the restrained person is fully aware the order exists and what they need to do to comply with its conditions. If it’s not properly served, there are many different consequences that could arise. Some of the most common include:
Order is Not Enforceable
If the restrained person was never aware the order existed, it’s unreasonable to expect they would know how to comply with its conditions. If they were never served this order, law enforcement cannot make an arrest, enforce the order, or charge them with a violation.
Delay in Legal Proceedings
If a restraining order is not properly served, the court is not able to proceed with any enforcement actions. This can delay any legal proceedings surrounding the restraint order violation claim.
Contact the Legal Team at My SoCal Lawyers Today
Being accused of violating a restraining order can be overwhelming and extremely frustrating when you don’t feel the allegations against you are fair or rooted in fact. The legal team at My SoCal Lawyers works to protect you from any unfair accusations. We understand the gravity of these charges and the impact they can have on lives. Contact us today to begin constructing your legal defense.
