The court can order a person to do or refrain from doing something, this is known as a restraining order. A retaining order is the court’s way of legally stopping some criminal act such as stalking, sexual assault, or domestic violence.
Yes. California defines violating a restraining or protective order as failing to comply with the conditions and terms outlined in the order.
No. In order to be found guilty, the State has to prove the defendant violated the order.
Yes. Specific defenses depend on circumstances surrounding the violation. However, there are some common defenses such as:
The punishment for violating a California restraining order depends on whether the defendant violated it before and if the victim suffered any physical injury from the violating.
The crime is considered to be a wobbler, meaning it can be charged as a misdemeanor or a felony. If convicted of misdemeanor of a restraining order, it is punishable by up to 1 year in jail. The prosecutor may charge the defendant with a felony, depending on the circumstances of the case. If charged with a felony, the defendant can face up to 3 years in prison.
For a felony or a misdemeanor, the defendant may also face a fine, payment of restitution to the victim, counseling services, and relinquishing any personal firearms.
Yes. It’s in your best interest to talk to a criminal lawyer about fighting a restraining order violation.
Last Modified: 06-17-2016 08:53 AM PDTLaw Library Disclaimer
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