Anyone in the state of California can request a protective order (also known as a restraining order) to protect them from threats, physical abuse, attack, harassment, the destruction of personal property, stalking, disturbing the peace, and various other alleged crimes. If the restraining order is issued, it will include conditions for the alleged perpetrator to follow. If they do not follow those conditions, they can face a charge of violating a restraining order.
This can be charged as a felony in the state of California. Keep reading to learn just how serious this charge can be. Then contact Law Office of Michael L. Fell at (949) 585-9055 to speak to an experienced criminal defense attorney who knows how to help you.
There Are Four Types of Restraining Orders That Can Be Filed in the State of California
The four types of restraining orders that can be filed against an individual in California include civil harassment restraining orders, domestic violence restraining orders, elder abuse restraining orders, or workplace violence restraining orders.
The Prosecutor Has to Prove Three Things
In order to be found guilty of violating a restraining order, the prosecutor must prove three elements:
- That there was a protective order in place and that it was lawfully issued by a judge.
- That you knew of the protective order and the terms within in.
- That you intentionally and knowingly violated the order.
If they cannot prove all three elements, then they have not met the burden of proof.
There Are Several Defense Options That May Be Successful
If you are facing a charge of violating a restraining order, we will look closely at the evidence that is going to be used against you. We will talk to witnesses and review any interviews that have been made. Once we have all the information, we will determine the best defense options that will help you beat the case. These may include:
- Proving that you did not have knowledge of the restraining order. It is up to the prosecution to prove that you knew it was in place.
- Proving that you lacked intention. An example of this would be if you walked into a gas station to pick up a cup of coffee and were surprised to find the person with the restraining order in the same gas station. If this happens and you leave immediately without making contact with the person with the order, then we can show that you had no intention of violating the order.
These are just two examples of the defense options that may work for your case. To learn more about how we would handle the specific charges you are facing, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.