If a restraining order has been issued against you in Corona Del Mar, you may be wondering just how serious the consequences are if you slip up. The short answer is that violating a restraining order is a crime in California, and yes, it can absolutely lead to jail time. Understanding how these violations are treated—and how easily they can happen—is critical to staying out of deeper legal trouble.
Violating a Restraining Order Is a Separate Crime
It's important to understand that a restraining order violation is prosecuted as its own criminal offense under California Penal Code section 273.6. This is true regardless of the type of order involved—whether it's a domestic violence restraining order, a civil harassment order, or another protective order. Once a valid order is in place and you're aware of it, disobeying its terms exposes you to criminal liability entirely separate from whatever underlying matter led to the order in the first place.
What Counts as a Violation
One of the reasons these charges are so common is that violations can occur more easily than people realize. A restraining order typically spells out specific prohibited conduct, and doing any of it—even seemingly innocently—can constitute a violation.
Common examples include contacting the protected person by phone, text, email, or social media; showing up at their home, workplace, or school; coming within a specified distance of them; or having a third party pass along a message on your behalf. Many people get into trouble because they believe a friendly text or a brief conversation is harmless, or because the protected person initiated contact. But even contact that the protected person welcomes or invites can still count as a violation on your part, because you're the one bound by the order. The order restricts your conduct, not theirs.
The Penalties for a Violation
A first-time restraining order violation is typically charged as a misdemeanor. A conviction can bring up to one year in county jail, fines, and probation. While that's the general framework, the actual consequences depend heavily on the circumstances.
The penalties become more severe under certain conditions. If the violation involved an act of violence, or if you have prior convictions for violating a restraining order, the offense can be charged as a felony. A felony conviction carries the potential for a significantly longer sentence in jail or state prison, along with steeper fines. If the violation caused physical injury to the protected person, California law may even require a minimum jail sentence.
Defenses to a Restraining Order Violation
Being accused of violating a restraining order doesn't mean a conviction is inevitable. Several defenses may apply depending on the facts of your case.
One key defense is lack of knowledge. To be convicted, you generally must have known about the order and its terms. If you were never properly served or made aware of the order, that can undermine the prosecution's case. Another defense involves intent—accidental or unintentional contact, such as unknowingly encountering the protected person in a public place, may not meet the standard for a willful violation. In other cases, the alleged contact never actually occurred, or the accusation is exaggerated or false. Sometimes the terms of the order itself are ambiguous, leaving room to argue that your conduct didn't actually breach it.
Why You Need Legal Help
Because a restraining order violation can escalate your legal exposure so quickly—and because these cases often hinge on questions of knowledge and intent—having an experienced attorney is essential. Skilled representation can mean the difference between a conviction and a dismissal.
Get Defense You Can Trust in Corona Del Mar
If you've been accused of violating a restraining order in Corona Del Mar, Attorney Michael L. Fell can help. As a California Board Certified Criminal Law Specialist, he knows how to challenge these charges and protect your freedom. Contact Law Office of Michael L. Fell today at (949) 585-9055 to discuss your case.