Imagine receiving a text message from someone you’re legally prohibited from contacting. They want to talk, apologize, or resolve a disagreement. You assume that because they reached out first, responding shouldn’t be a problem.
Unfortunately, that assumption could lead to serious criminal consequences.
In California, violating a restraining order can result in arrest, fines, and even jail time. What makes these situations particularly complicated is that actions someone considers harmless, such as sending a friendly message or unexpectedly encountering another person, may raise questions about whether a court order was violated.
Understanding how restraining orders work and what constitutes a violation is essential when facing criminal allegations in Los Angeles.
What Is a Restraining Order in California?
A restraining order is a legally enforceable court order designed to protect individuals from certain forms of abuse, harassment, threats, or other harmful conduct.
California recognizes several types of protective and restraining orders, including:
- Domestic Violence Restraining Orders: Often involve current or former romantic partners, spouses, or certain family members.
- Civil Harassment Restraining Orders: May address harassment, threats, or violence involving neighbors, coworkers, or other individuals.
- Criminal Protective Orders: May be issued during criminal proceedings to protect alleged victims or witnesses.
Depending on the circumstances, these orders may prohibit contact, require individuals to maintain a certain distance, or restrict other specific behaviors.
The exact requirements depend on the language of the court order.
What Counts as Violating a Restraining Order?
Under California Penal Code 273.6, knowingly and intentionally violating certain protective orders can constitute a criminal offense.
However, violations don’t always involve physical confrontations.
Depending on the restrictions imposed, prohibited conduct may include:
- Calling or sending text messages to a protected individual
- Contacting someone through social media or email
- Asking friends or relatives to deliver messages
- Visiting a protected person’s home or workplace
- Knowingly approaching someone within a prohibited distance
- Engaging in threatening or harassing behavior prohibited by the order
Even a seemingly innocent message could qualify as a violation if the order prohibits that contact.
For example, sending a simple birthday greeting might seem harmless, but if a no-contact order is in effect, the message could create additional legal problems.
What If the Protected Person Contacts You First?
This is one of the most commonly misunderstood aspects of restraining orders.
The protected person generally cannot give you permission to violate an existing court order.
Even if someone initiates communication, invites you to their home, or expresses interest in reconnecting, the restraining order remains legally enforceable.
Only the court can modify or terminate the order.
For example, if a former partner sends a text message asking to meet, responding or agreeing to meet could still violate an existing no-contact provision.
Before resuming communication, it’s important to understand the restrictions and seek appropriate legal guidance.
Can an Accidental Encounter Lead to Criminal Charges?
Los Angeles is a large city, but unexpected encounters still happen.
You might unexpectedly see a protected individual at a grocery store, restaurant, or public event.
Does this automatically constitute a restraining order violation?
Not necessarily.
For a conviction under Penal Code 273.6, prosecutors generally must establish that the accused knew about the order, had the ability to comply, and intentionally violated its terms.
An accidental encounter alone doesn’t necessarily establish those elements.
However, deliberately approaching the person, refusing to maintain a required distance when compliance is possible, or initiating prohibited communication could create legal consequences.
The specific circumstances and language of the order are extremely important.
What Are the Penalties for Violating a Restraining Order?
Many first-time violations under Penal Code 273.6 are prosecuted as misdemeanors.
Potential consequences include:
- Up to one year in county jail
- Fines of up to $1,000
- Probation and additional court-imposed conditions
- A criminal record affecting future opportunities
More serious penalties may apply when a violation results in physical injury or involves qualifying prior convictions.
Certain repeat violations involving violence or credible threats may also result in felony charges.
Additionally, violating an order issued during an existing criminal case can create further complications for the accused.
How Do Prosecutors Prove a Violation?
Restraining order cases often rely heavily on documentation and electronic evidence.
Investigators may examine text messages, call records, social media communications, surveillance footage, witness statements, and records establishing that the accused knew about the order.
However, the existence of communication doesn’t automatically establish every element of a criminal offense.
An experienced criminal defense attorney can examine whether the order was valid, whether the accused knew its restrictions, and whether the alleged conduct actually violated its terms.
What Should You Do If You’re Accused?
If you’re accused of violating a restraining order, avoid additional contact with the protected person, even if they attempt to communicate with you.
Preserve relevant messages and other evidence, and review the exact restrictions imposed by the court.
Most importantly, consult a criminal defense attorney before making detailed statements to investigators.
An attorney can evaluate the allegations, explain your rights, and help determine an appropriate defense strategy.
Protect Your Rights with Simmons & Wagner
Restraining order violations can arise from complicated personal circumstances, but the potential legal consequences should never be underestimated.
At Simmons & Wagner, attorneys Scott Simmons and Dan Wagner bring more than five decades of combined experience as former Orange County prosecutors. Their background provides valuable insight into how criminal cases are investigated, evaluated, and prosecuted.
Whether you’re facing restraining order violations or related criminal allegations in Southern California, experienced legal representation can help you understand your options and protect your future.
Contact Simmons & Wagner today to schedule a free consultation and discuss your criminal defense options.