Consequences of Violating a Restraining Orders in California

Restraining orders play an important role and restraining orders can be a valuable tool in high-conflict situations. However, all too often restraining orders ARE violated. These violations can be purposeful, or even accidental. However, whether a person meant to break the terms of a restraining order or not – the terms exist. If they were broken, there could be serious consequences.

Under California law (PC 273.6), the violation of a restraining order (also known as a protective order) is, in itself, a crime. There are countless ways that a restraining order might be violated. These commonly involve people intentionally disobeying the terms and conditions of the orders. This is easier to do than one might think. Restraining orders commonly involve terms that, for example, prohibit two people from having any contact with one another. Other common orders within the restraining order include prohibitions from going within a certain distance of a person’s home or place of work. A restraining order is crafted to fit the needs and circumstances of the people the order is being crafted for/to protect.

Penalties

The penalties imposed for violating a restraining order might vary widely. It will likely make a difference if the person has prior offenses, or a history of violating court orders. Generally speaking, a violated restraining order might result in fines, orders of restitution to victims, court-ordered counseling, and even jail time.

More severe penalties can include felony charges and lengthy prison terms. If you are facing charges that you have violated a restraining order, it is important that you understand what to expect moving forward and what your next steps should be.

Contact Cardwell, Steigerwald Young

Restraining orders play an important role in safeguarding vulnerable persons in our society. However, if you have questions on whether you can bring charges for a violation, or if you need help defending against allegations that you violated an order, our legal team can help. The experienced and esteemed San Francisco domestic violence lawyers at Cardwell Steigerwald Young can evaluate the nuances in your case and help set a plan for how you can move forward to land with the best possible conclusion for your case. Contact our office today to get started.

Sources:

courts.ca.gov/1260.htm?rdeLocaleAttr=en

msmagazine.com/2023/08/31/california-court-coercive-control-restraining-order-domestic-violence/