CALIFORNIA CRIMINAL LAWYERS

Los Angeles Violating a Restraining Order

Understanding Restraining Orders and Their Violations

A restraining order is an official court order also referred to as a ‘protective order.’ This order serves to protect a person from another individual who may cause them harm or threaten them through physical harm or unwanted communication. In California, penal code 273.6 defines a restraining order as a legal order issued by a judge to prohibit an individual from contacting an accuser.

If an individual who has been issued with a restraining order violates it knowingly, then they have committed a crime. It is vital to become aware of the behaviors prohibited by the order. A restraining order usually forbids personal contact or entering close proximity with the accuser. It also prevents the restrained party from communicating with the accuser through text messages, emails or phone calls. Furthermore, this prohibition also covers posting messages on social media or stalking them in different forms.

There exist different types of restraining orders, such as the domestic violence restraining order, workplace violence restraining order, and elder or dependent adult restraining order. The law provides three different types of protective orders which are all enforceable legally;

If a person violates a restraining order, they may be charged under Penal Code 273.6, commonly referred to as ‘contempt of court.’ However, a few factors must be proven to successfully convict a restrained individual, such as proving to the court that the order was valid, that the restrained party was aware of the order, and that they willfully violated the restraining order. Violating a restraining order might have a few consequences, such as mandatory counseling, fines or serving time in county jail. The restrained individual may also be required to pay restitution to the victim.

Common Legal Defenses against Restraining Order Violations

If you have been accused of violating a restraining order or have been presented with an invalid restraining order, finding a Los Angeles criminal defense attorney is strongly advisable. You may have access to different legal defenses:

The retraining order was invalid from the beginning

A restraining order may be invalid if it was issued without proper jurisdiction. If it can be proven that the court lacked authority at the time of issuance, the order is invalid. You can present a valid case if the order violates your civil liberties illegally.

The Violation Was Unintentional

If the accuser and the restrained individual have a history of shared property or children, violations of the order might be accidental. These kinds of incidents demand the expertise of an experienced lawyer who may present a defense indicating that the violation was not intentional.

False Accusations

Sometimes, an accuser may give a false consultation to the court to gain leverage or to harm the reputation of the restricted individual. In these cases, the defense lawyer may formulate a legal defense based on facts proving the accuser gave false testimony.

Conclusion

A restraining order is a protective order issued by a court prohibiting an individual from contacting another individual. The order includes different restrictions such as close proximity, communication through messaging or social media, and stalking. A person who is accused of intentionally violating a restraining order can suffer severe consequences such as fines or spending time in jail. Contacting an experienced criminal defense attorney is advisable, who understands the potential legal defenses for different circumstances.