Restraining orders are designed to protect individuals from harassment, abuse, or threats. In California, violating a restraining order—even unintentionally—can lead to serious criminal charges. Courts take these violations very seriously, and a conviction can result in jail time, fines, and long-lasting restrictions on your freedom.
If you are accused of violating a restraining order, it’s critical to understand how the law works and what defenses may be available. At Law Office of Michael L. Fell, we defend clients facing restraining order allegations and fight to protect their rights.
What Is a Restraining Order Violation?
California Penal Code 273.6 makes it a crime to knowingly violate the terms of a protective order. These orders can be issued in criminal, family, or civil cases and may prohibit certain actions, including:
- Contacting the protected person directly or indirectly,
- Coming within a certain distance of their home, work, or school,
- Possessing firearms,
- Harassing or threatening the protected person,
- Engaging in behavior that could be interpreted as intimidation.
Even unintentional violations, such as accidentally running into the protected person at a shared location, may still lead to accusations and charges.
Penalties for Violating a Restraining Order
Restraining order violations are “wobblers” in California, meaning they can be charged as misdemeanors or felonies depending on the circumstances.
- Misdemeanor violation: Up to one year in county jail and fines up to $1,000.
- Felony violation: Up to three years in state prison and fines up to $10,000.
- Additional penalties: If the violation involved violence or threats, or if there are prior violations, penalties can increase significantly.
Courts may also extend the duration of the restraining order, adding further restrictions on your life.
What Prosecutors Must Prove
To convict someone of violating a restraining order, prosecutors must show:
- That a valid restraining order was in place,
- That the defendant knew about the order, and
- That the defendant willfully violated its terms.
Prosecutors often rely on testimony from the protected person, police reports, and digital evidence such as texts, emails, or social media activity.
Common Defenses to Restraining Order Violations
Not every accusation of violating a restraining order results in a conviction. Possible defenses include:
- Lack of knowledge: If you were not properly notified of the restraining order, you may not be guilty of willful violation.
- Accidental contact: Running into the protected person unintentionally may not count as a violation if no prohibited behavior occurred.
- False accusations: Personal disputes, custody battles, or misunderstandings can lead to exaggerated or fabricated claims.
- Lack of willful intent: To convict, prosecutors must show that you knowingly and intentionally violated the order.
- Invalid order: If the restraining order itself was not valid or enforceable, the charge may not apply.
Why These Cases Are Serious
Even if no one was harmed, California courts take restraining order violations very seriously because they involve public safety. A conviction can affect your freedom, employment, and reputation. Restraining orders often show up on background checks, which can create lasting difficulties in finding work or housing.
Why You Need Legal Representation
At Law Office of Michael L. Fell, we understand how easy it can be to face restraining order allegations—sometimes for actions that were accidental, misunderstood, or exaggerated. We carefully review the facts, challenge weak evidence, and present strong defenses designed to protect your rights and your future.
Protect Your Rights
If you are accused of violating a restraining order in California, don’t take chances with your freedom. Call Law Office of Michael L. Fell at (949) 585-9055 today to schedule a free consultation and learn how we can fight for you.