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Violating a Restraining Order in California: Legal Implications and Defense Strategies
Violating a restraining order in California is a serious offense with significant legal consequences. Under California Penal Code § 273.6, knowingly and intentionally breaching the terms of a protective order can lead to criminal charges, including jail time and fines. If you’re facing such charges, it’s crucial to understand the legal landscape and seek experienced legal counsel.
Understanding Restraining Orders in California
A restraining order, also known as a protective order, is a legal directive issued by a court to protect an individual from harassment, abuse, stalking, or threats. These orders can be part of civil or criminal proceedings and are designed to prevent contact between the protected person and the restrained individual.
Types of Restraining Orders
- Emergency Protective Order (EPO): Issued by law enforcement and valid for up to 7 days.
- Temporary Restraining Order (TRO): Short-term order pending a court hearing, typically lasting 20-25 days.
- Permanent Restraining Order: Issued after a court hearing and can last up to 5 years.
- Criminal Protective Order (CPO): Issued in criminal cases, often related to domestic violence, and can remain in effect for up to 10 years.
Legal Consequences of Violating a Restraining Order
Under California Penal Code § 273.6, violating a restraining order is typically charged as a misdemeanor. Penalties may include:
- Jail Time: Up to one year in county jail.
- Fines: Up to $1,000.
- Probation: Summary probation may be granted in lieu of jail time, depending on the circumstances.
If the violation involves violence, threats, or occurs after a prior conviction, it may be charged as a felony, leading to:
- State Prison: Up to three years.
- Increased Fines: Up to $10,000.
It’s important to note that even if the protected person initiates contact, the restrained individual can still face charges for responding or engaging.
Common Defenses Against Restraining Order Violations
Facing charges for violating a restraining order doesn’t automatically result in conviction. Potential defenses include:
- Lack of Knowledge: The defendant was not aware of the restraining order due to improper service.
- Unintentional Contact: The violation was accidental, such as an unplanned encounter in a public place.
- False Allegations: The protected person falsely accused the defendant of a violation.
- Invalid Order: The restraining order was not legally valid or had expired.
An experienced criminal defense attorney can assess the specifics of your case and determine the most effective defense strategy.
Why Choose KN Law Firm for Your Defense
At KN Law Firm, located in Glendale, California, we specialize in criminal defense, including cases involving restraining order violations. Our legal team is committed to:
- Personalized Representation: We understand that each case is unique and tailor our approach accordingly.
- Aggressive Defense: Our attorneys are dedicated to protecting your rights and achieving the best possible outcome.
- Accessibility: We offer free consultations and are available 24/7 to address your legal concerns.
Serving clients in Glendale, Los Angeles, and surrounding Southern California cities, KN Law Firm is your trusted partner in navigating the complexities of the legal system.
Contact KN Law Firm Today
If you’re facing charges for violating a restraining order, don’t navigate the legal system alone. Contact KN Law Firm for a free consultation:
- Phone: (888) 950-0011
- Address: 500 N. Central Ave. Suite 650, Glendale, CA 91203
- Website: kntrialattorneys.com
Our experienced attorneys are ready to provide the legal support you need.
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