Filing a Violation of Restraining Order California
Restraining orders are filed for several different reasons. The protected person may have been the victim of abuse or harassment. Perhaps, they have reason to fear for their life or were encouraged to do so by concerned parties. Maybe, the alleged victim manufactured the reasons for the criminal protective orders. Whatever the reason, a legal protective order has been filed. Unfortunately, that is rarely the end of the story.
Violation of restraining orders is filed when someone violates a court-ordered restraint to stay away from another person or their property. This can be a serious offense that can result in a criminal conviction. California law can be complicated. Contact The Law Offices of Christopher Chaney for a free and confidential consultation.
What Are Restraining Order Violations in California?
In California, a restraining order is issued to protect someone from harm by preventing the restrained from contacting or going near the protected person. It basically stops someone from engaging in certain behaviors and tells them to stay away from you and other people you have told the court about, such as family and friends.
A restraining order can be issued against an individual, family member, household member, or any other person considered a threat.
The person who is restrained from abusing, threatening, or harassing the protected person is called the restrained person or the protective order defendant.
Courts issue restraining orders for many different reasons, including domestic violence, stalking, and harassment. It can also be issued in a divorce case if one parent is deemed to be an unfit parent and poses a danger of physical injury to the children.
Since violating a restraining order may result in arrest and prosecution, it is wise to consult a trustworthy restraining order lawyer.
What Happens if the Restrained Violates a Restraining Order in California?
Restraining order violation is a serious offense and may result in hefty penalties, including fines and jail time. A violation of a restraining order is an act that violates the terms of the order. A person who violates the conditions of an order may be charged with a misdemeanor or felony, depending on the situation.
Violations can be filed against anyone who has been restrained from contacting another person or being on their property by a court. This includes:
- Parents
- Spouses
- Children
- Roommates
A person charged with violating a restraining order in California may face penalties including fines, county jail time, or both. If you have been accused of violating a domestic violence restraining order, you may face criminal charges.
Criminal defense attorneys can help you with the court process. Contact The Law Offices of Christopher Chaney for formal legal advice and a free consultation.
How Do You Report a Violation of Restraining Order in California?
A violation of a restraining order is when someone disobeys a restraining order that the court lawfully issued by coming near, contacting, or sending messages to you.
If you are in California and need help reporting a restraining order violation, contact a police officer from your local law enforcement agency.
It is important to note that it is a criminal offense to falsify claims regarding a restraining or protective order. A leading protective order attorney can offer advice and represent you if you have been accused of making false claims regarding a restraining order.
Are Restraining Orders Public Record in California?
Although restraining orders are not public records in California, they can still cause severe limits to the recipient’s freedom. Plus, since it is relatively easy to inadvertently violate them, it would behoove you to fight them if possible.
How Can You Get Out of a Restraining Order Violation in California?
The consequences for violating a restraining order are harsh. A misdemeanor violation of a restraining order carries penalties of up to one year in county jail and a $1000 maximum fine. If an offender is convicted of a felony, they could spend up to three years in a state prison in California and face a fine of up to $10,000.
In California, violations of domestic violence restraining orders are prosecuted as felonies if they involve physical injury or abuse, criminal threats of harm with weapons, or other dangerous items.
Restraining order violation charges are serious. Develop a strong attorney-client relationship with a reputable lawyer for ongoing support.
Fighting a Restraining Order in California
Violating a restraining order in California can lead to fines of up to $1,000 and up to one year in prison. If you have been accused of violating a restraining order in CA, consult with an attorney as soon as possible.
To fight a restraining order in California, consider retaining the services of an experienced family attorney from a local law firm. They know the intricate details of California penal code 273.6 and domestic violence offenses. Call The Law Offices of Christopher Chaney for a free consultation.
