Eastvale Restraining Order Violation Attorney

California recognizes several types of restraining orders, each with distinct purposes and implications. These include:

• Domestic violence restraining orders. These orders are typically issued to protect individuals from abuse, threats, or harassment by someone they have an intimate or familial relationship with. This could include a spouse, former spouse, cohabitant, dating partner, or someone with whom the individual shares a child.
• Civil harassment restraining orders. These are used in cases where the alleged abuser does not have a close relationship with the protected person, such as a neighbor, coworker, or acquaintance.
• Elder or dependent adult abuse restraining orders. These orders are designed to protect individuals 65 or older or dependent adults from abuse, neglect, or exploitation.
• Workplace violence restraining orders. These restraining orders are filed by employers on behalf of an employee to protect them from workplace violence or credible threats of violence.

When you are first served with a restraining order, it is usually a Temporary Restraining Order (TRO). A TRO is issued quickly, often at a hearing that does not require your presence, based solely on the petitioner’s claims. It remains in effect until a full court hearing can be held.

At the hearing, both the petitioner (the person seeking protection) and the respondent (you) will have the opportunity to present evidence and make their case before the judge. If the judge finds sufficient evidence to support the claims, they may issue a Permanent Restraining Order, which can last up to five years or more, depending on the situation. It’s important to note that violating either a temporary or permanent restraining order carries significant legal penalties.

If you violate a restraining order in California, you can face immediate and severe consequences. A violation occurs whenever you breach any of the terms of the restraining order, whether intentionally or unintentionally. Common violations include:

• Making direct contact (phone, text, email, or in-person) with the protected individual.
• Seeing the protected individual at work, school, or home.
• Sending communications to the protected individual through a third party.
• Breaking the provisions of the restraining order for visitation or child custody.
• Carrying a firearm while the order forbids it.
• Pursuing, intimidating, or harassing the person under protection.
• Not attending therapy or counseling sessions as directed by the court.

Some possible consequences of violating a restraining order include:

• Arrest. You can be arrested without a warrant if they believe you violated a restraining order. Even minor infractions can result in an immediate arrest.
• Criminal charges. A restraining order violation is a criminal offense in California. For a first-time offense, you may face misdemeanor charges, which could result in jail time and fines. Repeat violations, especially those involving violence or weapons, may be prosecuted as felonies, with the possibility of multiple years in prison.
• Mandatory jail. In some cases, particularly those involving domestic violence or threats of harm, you may be held in jail for a minimum amount of time before being eligible for release. Judges often require a court appearance before releasing someone suspected of violating a restraining order.
• Bail. Depending on the severity of the violation, the judge may set a high bail amount to ensure the safety of the protected person. They may also impose strict conditions on your release, such as prohibiting you from contacting the petitioner, requiring you to surrender any firearms you have, or even wearing a GPS ankle monitor to track your location.
• Criminal record. A conviction for violating a restraining order will result in a criminal record, which can have long-term consequences on your personal and professional life. A criminal record can affect employment opportunities, housing applications, and even child custody arrangements.

If you have been served with a restraining order, it’s critical to act quickly and responsibly. Here are the steps you want to take after being served to help ensure that you do not violate any of the terms:

• Read the entire restraining order. Carefully read the entire restraining order to understand the specific terms and conditions. These orders can be lengthy and complex, so it’s important to know exactly what is expected of you. Pay close attention to restrictions regarding contact with the protected person, as well as any stipulations related to your residence, child custody, or possession of firearms.Failure to fully understand the restraining order could result in an unintentional violation, leading to arrest and criminal charges.
• Comply with the order. Even if you believe the restraining order is based on false allegations or misunderstandings, you must comply with its terms. Do not attempt to contact the protected person or return to any restricted locations, even if you are invited to do so. Ignoring the restraining order will only hurt your chances of fighting it in court and can result in additional legal penalties.
• Contact a restraining order violation defense lawyer. Hiring an experienced restraining order violation attorney is crucial to protecting your rights and building a strong defense. Your attorney will review the restraining order with you, explain your legal options, and help you gather evidence to contest the order. An attorney can also represent you in court and ensure that you are properly prepared for the hearing.
• Gather evidence. To fight a restraining order, you will need to gather evidence to support your case. This may include documents, physical evidence, and witness statements that refute the petitioner’s allegations. Evidence such as text messages, emails, phone records, surveillance footage, or GPS data can be vital in disproving the petitioner’s claims.For example, if the petitioner alleges that you were repeatedly calling them, phone records may show that no such calls were made. If the petitioner claims you visited their home or workplace, GPS data or alibi witnesses could demonstrate that you were elsewhere at the time.
• Prepare for the court hearing. Attending the court hearing is crucial. This is your opportunity to tell your side of the story and present evidence that could persuade the judge to dismiss or modify the restraining order. Missing the hearing can result in the court issuing a permanent restraining order without hearing your defense, which could have long-lasting implications on your life.Make sure to arrive at the court on time, dress appropriately, and remain respectful throughout the proceedings. Follow proper courtroom protocol. If you have hired an attorney, they will handle most of the presentation, but it’s essential that you are well-prepared.

Successfully defending against a restraining order requires a strategic approach and a strong defense. Some common defenses your attorney might use include:

• Lack of evidence. For the court to issue a permanent restraining order, the petitioner must provide sufficient evidence to prove their allegations. Your attorney can challenge the credibility of the petitioner’s claims by pointing out inconsistencies, lack of corroboration, or insufficient proof.
• False allegations. In some cases, restraining orders are based on false allegations, often as a tactic in contentious divorce or child custody cases. If you believe the petitioner is lying, your attorney will work to discredit their testimony and provide evidence to the contrary.
• Mutual contact or consent. If the petitioner initiated contact with you after the restraining order was issued (such as by inviting you to meet or engaging in communication), this could be used as a defense. However, even if the petitioner reached out to you first, responding to their contact may still technically violate the order, so this defense must be handled carefully.

If you are convicted of violating a restraining order, the penalties can vary based on the circumstances of the case, your criminal history, and whether the violation involved violence or weapons.

For a first offense, violating a restraining order is usually charged as a misdemeanor. Penalties may include jail time, fines, counseling, anger management, and probation.

For repeat violations or violations involving violence or weapons, the offense may be charged as a felony. These penalties include prison time, heftier fines, a loss of firearm rights, and a criminal record.

Q: What Is the Penalty for Violating a Restraining Order in California?

A: California normally charges violators of restraining orders with a misdemeanor. Fines and time in county jail, or both, might be the possible penalties. If a violation is committed repeatedly or involves threats or violence, it may be charged as a felony, which carries a longer prison sentence and higher fines.

Q: What Happens if a Restraining Order Is Not Served in California?

A: In California, a restraining order that is not properly served is not legally enforceable. Notice of the order and its provisions must be conveyed to the respondent. The order is not binding on the respondent until it is served, and the court is not allowed to take any further action, like scheduling a hearing to make the order permanent, until then.

Q: What Is the Difference Between 273.6 And 166?

A: Penal Code 273.6 deals specifically with violations of restraining orders, while Penal Code 166 covers contempt of court, which includes a broader range of violations, such as disregarding court orders beyond restraining orders. Violating a restraining order (273.6) is typically seen as more serious, and penalties can increase depending on the severity of the violation or repeat offenses.

Q: What if Someone Lies to Get a Restraining Order in California?

A: In California, a person who is the victim of someone who fabricates information to get a restraining order may be able to contest the order in court by providing proof that refutes the fraudulent allegations. In the event that the court determines that the accusations were made dishonestly or fraudulently, the individual who made the false charges can be held legally liable for damages or charged with perjury.

Facing a restraining order violation can have serious legal and personal consequences, but with the right attorney, you can protect your rights and navigate this time effectively. My SoCal Lawyers can help. Reach out to our office today for more information.