Being issued a restraining order can be daunting, but facing accusations of violating one is even more serious. Such charges can lead to significant legal consequences, impacting your reputation, freedom, and future. If you find yourself in this situation, securing legal help is essential to building a strong defense.
The Serious Nature of Restraining Orders
A restraining order is a court-issued directive designed to protect individuals from harassment, threats, or abuse. While often issued in cases of alleged domestic violence, restraining orders may also be issued for other disputes. These orders can include strict requirements, such as no contact with the alleged victim or staying a certain distance away from them.
Consequences of Violating a Restraining Order
Violating a restraining order is a criminal offense in California and can be charged as either a misdemeanor or a felony, depending on the circumstances. Penalties may include:
- Fines up to $10,000
- Up to one year in county jail for a misdemeanor
- A possible prison sentence for felony violations
- A permanent criminal record
Even if the alleged victim initiates contact or invites you to meet, any violation of the restraining order can result in severe penalties. The responsibility to comply lies solely with you.
Common Scenarios Leading to Violations
Many people inadvertently violate restraining orders because they misunderstand their scope. For example, indirect communication through a third party may still be considered a breach.
Situations Beyond Your Control
Unexpected encounters in public places, such as running into the protected party at a shared grocery store or event, can also lead to accusations of violation.
False Accusations
In some cases, the protected party may falsely claim a violation occurred. Such allegations can stem from malice or a desire to gain leverage in a legal dispute.
How a Domestic Violence Attorney Can Help
A skilled domestic violence attorney can carefully review the circumstances of your case to determine if the alleged violation was intentional, accidental, or based on false claims. Your attorney will identify any weaknesses in the prosecution’s case, such as insufficient evidence or procedural errors.
Strategies for Defense
Depending on your case, your attorney may employ one or more of the following defense strategies:
- Proving the violation was accidental or unavoidable
- Demonstrating that the alleged victim fabricated the claim
- Highlighting inconsistencies or lack of credible evidence in the prosecution’s case
- Negotiating with prosecutors to reduce or dismiss charges
Advocacy for Your Rights
An experienced attorney will work tirelessly to ensure that your rights are protected throughout the legal process. They can also help mitigate the impact of any legal penalties, should a conviction be unavoidable.
Why Law Office of Michael L. Fell Is the Right Choice
When facing accusations of violating a restraining order, you need an attorney with experience, compassion, and a proven track record. Law Office of Michael L. Fell provides:
- Decades of legal experience, including years as a former prosecutor
- In-depth understanding of the prosecution’s strategies
- Personalized legal strategies tailored to your unique case
- A commitment to achieving the best possible outcome, whether through dismissal, reduced charges, or plea negotiations
Take Action Today to Protect Your Future
If you’ve been accused of violating a restraining order, it’s crucial to act quickly. Delaying could limit your defense options and increase the risk of severe penalties. Contact Law Office of Michael L. Fell at (949) 585-9055 today to schedule a free legal consultation and start building your defense. We are here to protect your rights and guide you through this challenging time.