Violating a Restraining Order Charges in California

If you were convicted of domestic violence offenses in California, it is likely that the victim in your case obtained a restraining order against you. These orders can involve strict terms that restrict who you can contact, where you can go, and more. You might even have to leave your home and give up rights to see your children, as well as forfeit any firearms you possess. 

While the conditions of restraining orders can seem overly harsh, it is critical that you follow them. If you are accused of violating a restraining order, you can face new criminal charges, which might be in addition to already pending domestic violence charges. A Riverside, CA domestic violence attorney from DeLimon Law can defend against all of your charges, including those stemming from alleged restraining order violations.

Common Restraining Order Allegations

The person who has the protective order can report different violations that can lead to additional criminal charges. These can include:

  1. Showing up at the protected individual’s home or work
  2. Texting, calling, or emailing the protected individual
  3. Making threats against the individual
  4. Reaching out or communicating through social media
  5. Having a firearm or another prohibited weapon

There can be other special terms that can lead to violations, depending on the circumstances of the initial domestic violence allegations.

Penalties for Failing to Comply with a Protective Order

You might not think that violating a restraining order is as serious as other criminal offenses, but California law sets out harsh penalties for a conviction. The law takes restraining orders very seriously, and a first offense can result in:

  1. A misdemeanor charge
  2. Up to one year in jail
  3. Up to $1,000 in fines

If you have a prior conviction on your record for failing to comply with a restraining order, the prosecutor has the option to enhance the charge. If this happens, you can face:

  1. A felony charge
  2. Up to three years in California state prison
  3. Fines up to $10,000

These penalties are harsh, so you should have a strong defense strategy in place with the help of a criminal defense lawyer.

Proving This Type of Charge

In order to convict you, a prosecutor must prove beyond a reasonable doubt that:

  1. A criminal court lawfully issued the restraining order
  2. You knew about the order and its terms
  3. You were physically able to comply with the order
  4. You purposely violated one or more terms of the restraining order

Your defense lawyer can determine whether the prosecutor has sufficient evidence to prove all of the above elements.

Often, allegations of violations are false, or a violation might have been unintentional. Your attorney can review the facts of your case and determine the best course of action for your defense.

Speak with a Riverside, CA Domestic Violence Attorney

If you face allegations of domestic violence or restraining order violations, you want DeLimon Law on your side. Call (951) 382-5559 or contact us online to learn how our experienced legal team can help to fight against your criminal charges.

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