Many people believe that a restraining order and a protective order are separate things. In fact, in most states – and in California – there is no legal difference between a protective order and a restrainer order – the terms are used interchangeably. Keep reading to find out more about restraining orders, when they are issued, and what happens if they are violated.
The Purpose of a Restraining Order or Protective Order
The law defines restraining orders as court orders to protect a person who is being harassed, physically abused, stalked, or threatened by a specific person. That person is the named individual in the restraining order and they cannot go within a certain number of feet of the accuser, and they are not allowed to attempt any contact whether via phone, social medial, etc.
Legal Defense Options for a Charge of Violating a Restraining Order
The law is clear that it is a crime for someone to violate the terms of a restraining order. Depending on the specifics of the case, it can be charged as either a felony or a misdemeanor. There are several ways your criminal defense attorney can potentially help you if you have been accused of violating a protective order.
The three most common defenses are showing that you had a lack of knowledge of the terms of your protective order, that you had a lack of intent to brake the terms of the order, or that the allegations against you are entirely false. We will work to find the best possible defense for your unique situation.
The Four Main Types of California Restraining Orders
Generally speaking, there are four types of protective orders that a California judge may issue. They include domestic violence restraining orders, civil harassment restraining orders, elder or dependent adult abuse restraining orders, and workplace violence restraining order. The type of restraining order issued depends largely on the relationships between the alleged victim and their alleged abuser.
The Prosecutor Must Prove Three Elements to Convict a Person of Violating a Restraining Order
Since it is a crime to violate a restraining order, you are offered all the rights you have when facing any crime. Namely, the accuser’s word is not enough – the prosecution must prove the case. In fact, there are tree things they must prove: That the protective order issued against you was legal, that you knew about the order, and that you violated it intentionally.
We only need to show that one of these elements is inaccurate to win your case. If you are ready to hear more, or to request your free legal consultation, contact Law Office of Michael L. Fell at (949) 585-9055 right away.