If you're facing accusations of violating a restraining order in California, it's a situation fraught with legal complexity. The repercussions can be severe, and the law necessitates strict adherence to the restraining order. This guide will provide a comprehensive overview of what you need to do if you find yourself in this precarious situation. You can also call a domestic violence defense attorney for direction help by reaching out to Law Office of Michael L. Fell at (949) 585-9055.
Understand the Restrictions of a Restraining Order
Restraining orders in California are legally binding and impose various limitations such as refraining from contacting the person who obtained the restraining order and maintaining a certain distance from them. Depending on the specific case, additional conditions might apply.
Consequences of Violating a Restraining Order
Violating a restraining order for the first time classifies as a misdemeanor, which may result in:
- Up to 364 days in jail.
- Fines up to $1,000, or $2,000 if physical injury occurred, leading to a mandatory 30-day jail term.
A second or subsequent violation may escalate to a felony, carrying:
- Up to three years in state prison.
- Fines as high as $10,000.
What the Prosecution Must Prove
If you're accused of violating a restraining order, the prosecution must establish several elements to convict you. They must prove:
- Legal Issuance of the Order: That the restraining order was lawfully imposed.
- Order Directed at You: That it specifically targeted your behavior.
- Your Awareness of the Order: That you were cognizant of the order and its contents.
- Your Capability to Comply: That you had the means to abide by the terms.
- Intentional Violation: That you deliberately disregarded the order.
Building a robust defense is crucial, and that's where Law Office of Michael L. Fell can step in. Some potential defense strategies include:
- Challenging the Legality of the Order: Proving that the order was improperly issued.
- Disproving Intent: Demonstrating that you didn't intend to violate the order.
- Lack of Ability to Comply: Arguing that you were unable to follow the order.
- Disproving Knowledge of the Order: Showing that you were unaware of the restraining order.
- Proving Non-Violation: Providing evidence that you didn't violate the order.
Every case is distinct, and pleading guilty without professional legal consultation could lead to unnecessary consequences.
Consult an Attorney for Expert Legal Assistance
Being charged with violating a restraining order is a serious matter that requires expert legal guidance. No matter what your circumstances are, you shouldn't navigate this complex legal terrain alone. Contact Law Office of Michael L. Fell today at (949) 585-9055 and request your free legal consultation. Our experienced attorneys will assess your unique situation and work tirelessly to help you achieve the most favorable outcome possible.