Many people believe restraining orders and protective orders are distinct legal documents. However, in California and most states, these terms are interchangeable. Both serve the same purpose: to protect individuals from harm, harassment, or threats.
Here’s what you need to know about restraining orders, how they work, and what happens if they are violated. Contact Simmons Wagner, LLP at (949) 439-5857 if you are facing domestic violence or other criminal charges.
The Purpose of a Restraining Order
A restraining order is a court-issued directive designed to protect individuals from harassment, physical abuse, stalking, or threats by a specific person.
- Key Provisions:
- The restrained individual is prohibited from coming within a certain distance of the protected person.
- Any form of contact, including phone calls, emails, or social media messages, is forbidden.
- Violating these terms is a criminal offense.
Restraining orders are powerful tools to ensure the safety of individuals who may be at risk of harm.
Types of Restraining Orders in California
California law recognizes four main types of restraining orders. Each is tailored to specific circumstances based on the relationship between the parties involved.
- Domestic Violence Restraining Order
- Issued when the alleged victim and abuser have a close relationship, such as spouses, cohabitants, or co-parents.
- Civil Harassment Restraining Order
- Used when the parties do not have a close relationship, such as neighbors, roommates, or acquaintances.
- Elder or Dependent Adult Abuse Restraining Order
- Protects seniors or dependent adults from abuse, neglect, or exploitation.
- Workplace Violence Restraining Order
- Filed by employers to protect employees from threats or violence at work.
Consequences of Violating a Restraining Order
Violating the terms of a restraining order is a criminal offense in California. Depending on the circumstances, it may be charged as a misdemeanor or felony, carrying severe penalties such as:
- Fines
- Jail or prison time
- A permanent criminal record
Legal Defenses for Violating a Restraining Order
If you are accused of violating a restraining order, a skilled defense attorney can explore several strategies to contest the charges:
- Lack of Knowledge: You were unaware of the restraining order or its specific terms.
- No Intent to Violate: Any alleged violation was accidental or unintentional.
- False Allegations: The accusations against you are entirely fabricated or exaggerated.
Your attorney will assess the details of your case to build the strongest possible defense.
What Prosecutors Must Prove
To secure a conviction for violating a restraining order, the prosecution must establish three critical elements:
- The Restraining Order Was Legal
- The order must have been lawfully issued by a court.
- You Were Aware of the Order
- The prosecution must demonstrate that you were formally served or otherwise informed of the restraining order.
- You Intentionally Violated the Order
- The violation must have been deliberate, not accidental.
If any of these elements cannot be proven, the charges may not hold up in court.
How to Protect Yourself
If you’ve been accused of violating a restraining order, it’s essential to seek legal counsel immediately. A skilled attorney can:
- Examine the evidence against you.
- Challenge the validity of the order.
- Present mitigating factors or alternate explanations for the alleged violation.
At Simmons Wagner, LLP, we are dedicated to protecting your rights and ensuring the best possible outcome for your case. Contact us today at (949) 439-5857 for a free consultation to discuss your situation and legal options. Let us help you move forward with confidence.