Violating a Restraining Order in California
Were you recently charged with violating a restraining order in the City of Los Angeles? If so, you need to act quickly to reduce your chances of spending time in jail or facing a hefty fine. The Rodriguez Law Group has a team of knowledgeable criminal defense attorneys that is always ready, willing, and able to assist you with your case. Contact our law firm to arrange a free consultation today to learn more.
- 1 Why You Need a Los Angeles Criminal Defense Lawyer to Help With Your Restraining Order Case
- 2 Provide You with Astute Legal Advice
- 3 Search for Exculpatory Evidence
- 4 Negotiate with the Prosecuting Attorney
- 5 Argue on Your Behalf in Court
- 6 Violating a California Restraining Order – Understanding the Law
- 7 Types of Restraining Orders in the State of California
- 8 Domestic Violence Restraining Orders
- 9 Civil Harassment Restraining Orders
- 10 Workplace Violence Restraining Orders
- 11 Elder or Dependent Adult Abuse Restraining Orders
- 12 Common Restrictions Included in California Restraining Orders
- 13 Penalties for Violating Restraining Orders in the State of California
- 14 Charged with Violating a Restraining Order in California? Our Law Firm Can Help
Why You Need a Los Angeles Criminal Defense Lawyer to Help With Your Restraining Order Case
During our firm’s history, we have helped numerous Los Angeles residents fight back against their restraining order violation charges. When you ask us to step up and do the same for you, we will:
Provide You with Astute Legal Advice
The actions you take and the decisions you make in the days and weeks following your arrest can have a substantial impact on the eventual outcome of your case. If you can consistently make the right calls, you might be able to increase your chances of getting your charge dismissed.
The lawyers at the Rodriguez Law Group have been handling cases of this nature for many years. As such, we know how to make smart decisions when it matters most. When you hire us, we will be more than happy to provide you with the advice you need to do the same.
Search for Exculpatory Evidence
Quite often, the best way to get restraining order violation charges dismissed is to prove that you did not commit the offense. To do so, however, you will need to provide the court with plenty of evidence, like:
- Witness statements
- Surveillance camera footage
- GPS records
- Electronic data
- Records of communication
Our experienced team has helped a plethora of clients search for evidentiary materials like these over the years. As a result, we know where to look to find them. When you hire us, we will use our knowledge to assist you with your search.
Negotiate with the Prosecuting Attorney
In the state of California, it is not at all uncommon for prosecutors to reduce restraining order violation charges to less-serious contempt of court charges. However, they rarely do so without days or weeks of intense negotiations with the defendant’s legal team.
If you would like to try to plead your criminal charge down to a much lesser offense, the Los Angeles criminal defense lawyers at the Rodriguez Law Group will be more than happy to sit down and try to hammer out a deal with the state’s prosecuting attorney. Our legal team has been negotiating deals of this nature for years, so you can be confident that you will be well represented throughout the process.
Argue on Your Behalf in Court
If the prosecutor is unwilling to make a deal, or you do not wish to agree to their terms, your case is all but certain to end up going to trial. There, a judge and jury will thoroughly review the details of your case before determining your fate.
Over the years, the skilled lawyers at the Rodriguez Law Group have represented many Los Angeles residents in courtrooms throughout Southern California. As such, we know how to argue a case clearly and concisely. When you hire our legal team, we will work tirelessly to try to secure you a favorable verdict at trial.
Would you like to have an experienced defense lawyer from the Rodriguez Law Group help you fight back against the allegations of the state of California? If so, please get in touch with our team as soon as possible. We know how to win cases like yours, and we are ready to stand up for you.
Violating a California Restraining Order – Understanding the Law
According to the California Penal Code § 273.6, it is unlawful for an individual to intentionally and knowingly violate a protective order.
In California, violating a restraining order is considered a “wobbler” offense. As such, state prosecutors may choose to classify it as a misdemeanor or felony. Their choice usually depends on the nature of the crime and the criminal history of the offender.
The lawyers at the Rodriguez Law Group have been helping people charged with violating a protective order for many years – achieving many favorable outcomes along the way. Reach out to us as soon as possible if you would like to have us stand up for you
Types of Restraining Orders in the State of California
Courts in the state of California issue four types of protective orders. They are:
Domestic Violence Restraining Orders
California courts allow Los Angeles residents to obtain a domestic violence restraining order if:
- They have been abused by another party, and
- They have a close, personal relationship with their abuser
The Golden State typically considers the following parties to have close, personal relationships:
- Former spouses
- Engaged couples
- Dating couples
In some circumstances, it is also possible to take out an injunction of this nature against a parent, grandparent, or sibling.
Civil Harassment Restraining Orders
Los Angeles residents can obtain a civil harassment restraining order against parties that are not covered by the state’s domestic violence regulations if they are being:
- Threatened, or
These types of injunctions are typically taken out against neighbors, distant relatives, and former friends.
Workplace Violence Restraining Orders
Employers in the state of California can obtain a workplace violence restraining order to protect a worker who has suffered:
- Sexual harassment
- Threats, or
It is not possible for employees to obtain injunctions of this nature. Workers who wish to protect themselves must typically file for a civil harassment restraining order.
Elder or Dependent Adult Abuse Restraining Orders
Los Angeles residents who are over the age of 65 or have a disability that prevents them from protecting themselves can obtain an elder or dependent adult abuse restraining order if they are:
- Physically abused
- Financially abused
- Neglected, or
- Deprived of basic goods and services
No matter which of these restraining orders the state of California is alleging that you violated, you can rely on the Rodriguez Law Group to help you fight back against the charges. Our team of lawyers has the industry experience and statutory knowledge necessary to treat your case with the care and attention it requires.
Common Restrictions Included in California Restraining Orders
Protective orders in the state of California often come with a myriad of rules, restrictions, and regulations that the restrained party must adhere to – if they wish to stay out of trouble with the law. A short sampling of some of the most common restrictions included in these injunctions would include:
- Residential Restrictions: California protective orders often force restrained persons to move out of their home, and away from the protected party.
- Employment Restrictions: Restrained parties sometimes have to find new employment to stay clear of the protected person.
- Behavioral Restrictions: In California, restrained persons must refrain from stalking, harassing, and threatening the protected party.
- Firearms Restrictions: The state of California bans restrained persons from buying, using, or carrying a gun.
- Communication Restrictions: Restrained persons do not typically have the right to text, call, or otherwise communicate with the protected person.
California protective orders can also require the restrained party to make child or spousal support payments to the protected person.
Is the state of California claiming that you violated the terms of your restraining order? Then you need the assistance of a knowledgeable criminal defense attorney from the Rodriguez Law Group in the City of Los Angeles. We are ready to fight tooth and nail on your behalf.
Penalties for Violating Restraining Orders in the State of California
The state of California does not look kindly upon people who violate their protective orders. As such, when prosecutors convict someone of an offense of this nature, they tend to hand out some fairly severe punishments.
The exact nature of the penalties doled out by the state of California depends on the seriousness of the violation. Individuals who commit minor infractions typically face the following punishments:
- Up to one year in county jail
- A fine of up to $1,000
- A permanent criminal record
If the offender’s restraining order violation caused an injury to the protected party, they usually face the following penalties:
- Between 30 and 365 days in jail
- A fine of up to $2,000
- A permanent criminal record
At the Rodriguez Law Group, we know how unpleasant the penalties for restraining order violations in the state of California can be. That is why we work tirelessly every day to try to help our valued clients avoid them. If you would like to have us use our knowledge and skill to try to keep you out of jail, please give us a call today.
Charged with Violating a Restraining Order in California? Our Law Firm Can Help
Over the years, the lawyers at the Rodriguez Law Group have helped many Los Angeles residents fight back against allegations of violating their protective orders. Our team would love to do the same for you. Whenever you are ready to begin your legal battle, all you need to do is pick up the phone and give us a call.
Last Updated on November 18, 2020