A restraining order is a court order, not a suggestion. If someone breaks it, they can be arrested and charged with a crime. An experienced Sherman Oaks domestic violence lawyer can help explain what the order means, what conduct may count as a violation, and what penalties a person may face.
In California, restraining orders are often used in domestic violence cases, but they may also come up in stalking, harassment, elder abuse, workplace violence, and other situations. The exact rules depend on the order. Some orders say the restrained person cannot contact the protected person. Others say the person must stay a certain distance away from a home, job, school, car, or child’s school.
What Counts as Violating a Restraining Order?
A violation can happen in many ways. It may include calling, texting, emailing, sending social media messages, showing up at the protected person’s home, or going near their workplace. It can also include asking another person to pass along a message.
Even friendly contact can still be a violation. For example, sending an apology, a birthday message, a gift, or just a check-in text may break the order if contact is not allowed. The same may be true if the protected person reaches out first. Unless the court changes the order, the restrained person must follow it. A person can also violate a restraining order by refusing to move out of a shared home, ignoring custody or visitation limits, or failing to turn in firearms when the order requires it.
What Prosecutors Must Prove
Being accused of violating a restraining order does not automatically mean the person will be convicted. Under California law, prosecutors generally must prove that a valid order existed, the person knew about the order, the person could follow it, and the violation was willful.
Misdemeanor Penalties
In many cases, violating a restraining order is charged as a misdemeanor. A misdemeanor violation can carry up to one year in county jail and a fine of up to $1,000.
The court may also place the person on probation. Probation can come with strict rules, such as staying away from the protected person, attending counseling, completing a batterer intervention program, or obeying new court orders. A misdemeanor can affect a person’s record, job, housing, custody case, and right to own or possess firearms.
When Penalties Become More Serious
The penalties can increase if the violation causes physical injury. In that situation, the fine can be higher, and jail time may become more likely.
Repeat violations can also lead to harsher punishment, including longer incarceration, higher fines, and stricter court orders. This may depend on the person’s prior record, whether the violation involved violence, whether there were threats, and whether anyone was hurt.
Stalking
Stalking means repeated unwanted behavior that causes another person to fear for their safety or their family’s safety. In a domestic violence case, this may include repeated calls, unwanted messages, showing up at someone’s home or job, tracking someone, or using online accounts to watch, bother, or threaten the person.
Other Consequences
Violating a restraining order can also lead to other criminal charges. Depending on the circumstances, prosecutors may consider stalking, assault, domestic battery, trespassing, or other charges. Many restraining orders require the restrained person to give up guns and ammunition. Failing to follow those rules can lead to a separate criminal charge.
A violation can also affect family court issues. If children are involved, the court may review custody and visitation. A judge may decide that supervised visits, changed exchanges, or other safety rules are needed.