Facing accusations of violating a domestic violence restraining order in California is a serious legal matter. These orders are issued to protect individuals from harassment, abuse, or threats. But violations—whether intentional or accidental—can lead to criminal charges, jail time, fines, and long-term consequences. Understanding what the law requires, how violations are evaluated, and how to defend your rights is essential.
If you are accused of violating a restraining order, Simmons Wagner, LLP can help you respond strategically and protect your future.
What Counts as a Violation?
A restraining order sets strict limits on communication, proximity, and behavior. A violation can occur even if the protected person makes contact first or says they “don’t mind.”
Common violations include:
- Making phone calls, texts, or social media contact
- Showing up at the protected person’s home, work, or school
- Leaving messages through friends or family
- Owning or attempting to purchase firearms
- Violating child visitation or custody terms
Even unintentional contact—such as seeing the protected person at shared public places—can become a legal issue depending on how the situation is handled.
Legal Penalties for Violating a Protective Order
In California, violating a restraining order is prosecuted under Penal Code 273.6. Consequences depend on whether it is a first-time or repeat violation, and whether the violation involved threats or physical harm.
Possible penalties include:
- Up to one year in county jail
- Fines up to $1,000
- Mandatory counseling programs
- Protective order extension or expansion
- Felony charges for repeat or aggravated violations
A violation involving violence, stalking, or threats may be filed as a felony, significantly increasing the risk of jail or state prison time.
Defending Against Restraining Order Violation Charges
Not every accusation is valid. At Simmons Wagner, LLP, we help clients build strong defense strategies based on the facts of the case.
Possible defense arguments include:
- You did not knowingly or intentionally violate the order
- The contact was accidental or unavoidable
- The order terms were vague, unclear, or improperly served
- The protected party initiated contact
- The accusation is false or exaggerated
The prosecution must prove that you willfully violated the order. If intent is unclear—or the order was not properly communicated—charges may be reduced or dismissed.
Protecting Your Future and Your Record
A conviction for violating a domestic violence restraining order can affect more than your immediate freedom. It may impact your employment, custody rights, professional licenses, immigration status, and reputation.
At Simmons Wagner, LLP, we take these accusations seriously and work to protect your rights using careful investigation, strategic defense, and strong courtroom advocacy.
Accused of Violating a Restraining Order? Get Legal Help Now
If you’ve been accused of violating a domestic violence restraining order, do not face the situation alone. Early action can make a big difference in how your case is resolved. Call Simmons Wagner, LLP at (949) 439-5857 to discuss your case and start building your defense with confidence.