San Bernardino Restraining Order Violation Attorney

San Bernardino Restraining Order Violation Lawyer

Violating a restraining order can result in serious legal consequences, including fines, jail time, and a criminal record. A San Bernardino restraining order violation attorney can navigate the legal process, present your side of the story, and work to achieve the ideal outcome for your case.

If you’ve been accused of violating a restraining order, it’s crucial to seek immediate legal counsel to protect your rights and defend your case. A defense lawyer from My SoCal Lawyers is standing by and ready to advocate for you.

What Constitutes a Restraining Order Violation?

A restraining order, also known as a protective order, is a legal document issued by a court to protect a person from harassment, threats, or harm from another individual.

In California, restraining orders are often put in place in situations involving domestic violence, stalking, or harassment. When a court issues a restraining order, it typically includes specific terms and conditions that the restrained individual must follow, such as staying a certain distance away from the protected person or refraining from contacting them.

Violating the terms of a restraining order can include:

• Contacting the protected person. This may include phone calls, text messages, social media communication, or in-person interactions.
• Going to prohibited locations. A restraining order might prohibit you from visiting certain places, such as the protected person’s home, workplace, or school.
• Harassment or threats. Any form of harassment or threats toward the protected individual can be considered a violation.
• Possessing firearms. Many restraining orders include provisions that require the restrained person to surrender firearms. Failing to do so is a violation.
• Indirect contact. Even indirect forms of communication, such as having a third party deliver a message or gifts, may violate a restraining order.

Penalties for Violating a Restraining Order in San Bernardino

The consequences of violating a restraining order depend on the specifics of the case, the nature of the violation, and whether it’s a first-time offense or a repeat violation.

Generally, restraining order violations can result in both criminal and civil penalties.

Criminal Penalties

In California, violating a restraining order is considered a criminal offense, which can be charged as either a misdemeanor or a felony, depending on the severity of the violation.

• Misdemeanor Violation: A misdemeanor restraining order violation can result in time in county jail, fines, and mandatory counseling or anger management programs.
• Felony Violation: A felony violation usually involves violence or a repeated offense. It can lead to more severe penalties, including time in state prison and additional fines.
• Additional Penalties: If the violation involved physical harm or threats, the court may impose harsher penalties, such as longer jail sentences or stricter probation terms.

Civil Consequences

In addition to criminal penalties, violating a restraining order can have civil consequences, such as:

• Restraining Order Extensions: The court may extend the duration of the restraining order or impose additional restrictions if the violation occurred.
• Impact on Child Custody: If the restraining order involves a spouse or co-parent, a violation can negatively affect your child custody rights, potentially leading to supervised visitation or a loss of custody.

Common Defenses for Restraining Order Violations

While the penalties for violating a restraining order can be severe, My SoCal Lawyers can use several defenses to fight your charges. Some of the most common defenses include:

Lack of Intent

In some cases, individuals may accidentally violate a restraining order without any intent to do so. For example, you may have unintentionally come into contact with the protected person in a public place or inadvertently sent them a message. If the violation was not deliberate, we can argue that you did not intend to violate the order, which may reduce or dismiss the charges.

Insufficient Evidence

To achieve a conviction, the prosecution must prove beyond a reasonable doubt that you violated the terms of the restraining order. If there is insufficient evidence to support the violation claim, we can challenge the prosecution’s case. This may involve questioning the credibility of witnesses, presenting alibis, or challenging any evidence presented by the prosecution.

False Allegations

Unfortunately, false accusations of restraining order violations do happen, especially in cases involving contentious relationships, such as divorce situations or child custody disputes. If the accusation is false, we can gather existing evidence to prove that you did not violate the order.

Lack of Knowledge

In some cases, individuals may not have been properly served with the restraining order or been fully aware of its terms. If you were unaware of an order or did not receive proper notification, this can serve as a valid defense.

Emergencies or Necessity

There may be situations where violating a restraining order was necessary, such as in cases of medical emergencies or protecting children. If the violation occurred due to an emergency, we could present this as part of your defense, explaining that you had no other choice but to violate the order—in that specific instance.

The Role of a Defense Lawyer in Restraining Order Hearings

In addition to defending against restraining order violation charges, My SoCal Lawyers can also represent you in restraining order hearings. These hearings determine whether a restraining order will be put in place or extended, and we can make a significant difference in the outcome.

Presenting Evidence

During a restraining order hearing, both parties have the opportunity to present evidence and testify before a judge. We can gather evidence that supports your case.

Cross-Examination

If the protected person testifies during the hearing, we can cross-examine them to challenge their claims and expose any inconsistencies in their story. This is especially important if the restraining order is based on false allegations or misunderstandings.

Negotiating Terms

In some cases, we can negotiate more favorable terms for the restraining order, such as modifying the conditions to allow for limited contact or adjusting the distance you must maintain from the protected person. Negotiating the terms of the order can help you maintain some control over your daily life while still complying with the court’s decision.

Contact My SoCal Lawyers

Facing charges for violating a restraining order in San Bernardino is a serious matter that requires a strategic legal defense. That’s why working with My SoCal Lawyers gives you a great chance of both achieving an optimal outcome and protecting your future.

From challenging the evidence to negotiating with prosecutors, we can fight to uphold your rights and seek fair treatment under the law.

Contact us today to schedule a consultation, and let us champion you.