A restraining order prohibits a person from acting or not doing something such as stalking a victim. In California, it’s a crime to violate, or not comply, a restraining order. Anyone convicted of retraining will face a criminal sentence. But the specific sentence depends on the facts of the case, the injuries to the victim, and the number of offenses.
- What is the Punishment for Misdemeanor Restraining Order Violation?
- Can I Be Convicted for Felony Restraining Order Violation?
- Are There Tougher Penalties for Violating an Order a Second Time Within a Year of the First Violation?
- Is Supervised Probation a Sentencing Option?
- Should I Call a Lawyer to Help Me Fight My Restraining Order Violation Charge?
The sentence is up to a year in jail and a fine of up to $1,000. The defendant may also be ordered to pay victim restitution, attend counseling, and relinquish any personal firearms.
Yes. In California, violating a protective order can also be a felony. A felony conviction typically occurs when it is a second offense and/or a victim sustains physical injury because of the violation.
If convicted of felony violation of a restraining order, the defendant can face probation and up to 1 year in county jail, or 16 months to 3 years in prison with a fine of up to $10,000.
Are There Tougher Penalties for Violating an Order a Second Time Within a Year of the First Violation?
Yes. A second violation can still result in a misdemeanor or felony charge. A misdemeanor conviction can result in up to 6 months in jail. A felony conviction can result in at least 1 year in jail and probation, or 16 months to 3 years in jail. Ultimately, the court has discretion to decide on the punishment by looking at the surrounding factors and any mitigating circumstances.
The court has the option to sentence a defendant to supervised probation. This means the defendant can’t violate any laws during the probationary period. A violation, including another protective order violation, will result in serving the initial criminal sentence.
Yes, contact a California criminal lawyer regarding how to avoid severe penalties associated with a conviction.