Facing a restraining order in California can be a stressful and challenging experience. If you have been served with one, it's crucial to understand the legal ramifications of violating its terms. Whether you are subject to a temporary restraining order (TRO), protective order, or stay-away order, California law imposes serious penalties for violations.
Knowing what actions may constitute a violation can help you avoid additional legal trouble. If you are accused of violating a restraining order, you can contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
What Constitutes a Restraining Order Violation?
In California, a restraining order is designed to create distance between individuals to prevent further conflict or potential harm. Violating the terms of a restraining order is treated seriously, as the courts aim to stop any incidents before they escalate.
For a prosecutor to prove you violated the restraining order, they must demonstrate that:
- A lawful protective order was issued against you.
- You were aware of the terms of the order.
- You had the ability to comply with the order.
- You willfully violated the terms of the order.
If the prosecutor can establish these points, you may face legal consequences. However, understanding the details of what constitutes a violation can be key in building a defense.
Proving Willful Intent Is Critical
A key component of any restraining order violation case is whether your actions were “willful.” In legal terms, this means you must have intentionally violated the terms of the order. It is not enough to simply be in the wrong place at the wrong time; the prosecutor must prove that you knowingly and purposely acted in a way that broke the court’s restrictions.
For example, if you were at a public place and unintentionally encountered the person protected by the order, this might not qualify as a willful violation. In these situations, having a defense attorney investigate the circumstances of your case can be vital in showing that your actions were not intentional.
Potential Penalties for Violating a Restraining Order
Violating a restraining order is typically classified as a misdemeanor in California. A conviction can result in:
- Up to one year in county jail
- A fine of up to $1,000
However, repeat offenses or violations involving violence may lead to more severe penalties. If the violation is your second or subsequent offense, or if the breach includes violence or other crimes, the charges could be elevated to a felony. In such cases, you could face up to three years in state prison and fines reaching $10,000.
Escalation of Charges for Repeat Violations
California law takes a stricter stance on multiple restraining order violations. If you have previously violated a restraining order and are convicted of doing so again, the penalties can increase significantly. Repeat violations may result in felony charges, carrying harsher sentences and higher fines.
Additionally, if the violation includes an act of violence or if other crimes were committed during the breach, the legal consequences can compound. Having a skilled attorney to defend your case is crucial to ensuring that your rights are protected throughout the process.
Protect Yourself Against Unintentional Violations
If you have been accused of violating a restraining order, it’s important to act quickly and seek legal guidance. Law Office of Michael L. Fell understands the complexities of California’s restraining order laws and can help you navigate the legal process. A strong defense strategy can make a significant difference in the outcome of your case, especially when the alleged violation was unintentional.
If you believe you have been wrongfully accused or that your actions did not constitute a willful violation, contact Law Office of Michael L. Fell at (949) 585-9055 for a consultation. We will assess your situation and work with you to build a defense that takes your circumstances into account.