Restraining orders can be helpful tools to allow victims of violence, harassment, or stalking additional protection. As such, if you are accused of violent or harassing behavior in California, the alleged victim may petition the court for a protective order against you. It is imperative to understand what this entails, as violating a restraining order can have serious consequences. The following blog explores what behaviors are prohibited when a restraining order is issued, as well as the penalties you can face if you violate the order. Additionally, you’ll learn the importance of working with a Sacramento criminal defense lawyer to assist you through these matters.
What Is a Restraining Order and What Does It Prohibit?
In California, a restraining order is imposed by the court as a way to keep someone from contacting another person. Most often, these are issued following violence, threats, or stalking crimes, and can help provide additional protection for the victim.
California has different types of restraining orders based on the circumstances of the alleged crime or harassment. For example, there are domestic violence restraining orders for victims of abuse at the hands of spouses or other family members, while a civil restraining order can be taken out against those with whom the victims have never had a relationship, like co-workers, neighbors, or landlords.
Typically, a restraining order requires no contact with the alleged victim or their family, ceasing all harassment, keeping a certain distance away from their home and place of work, paying child support if you share a child, and refraining from owning a firearm.
In general, once a restraining order is issued, it may last up to five years before it expires.
What Are the Penalties for Violating One?
Should someone take out a protective order against you, adhering to the conditions listed in the order is critical, as you can face serious penalties if you violate these terms. Generally, a violation is a misdemeanor offense, carrying up to one year in jail and up to $1,000 in fines. However, if the violation is due to violence, threats, or harassment, it can be elevated to a felony. As such, you can face up to three years in jail and fines of up to $10,000.
If you are accused of violating your restraining order, it is critical to connect with an experienced attorney who can help you explore your legal options. Trying to navigate these matters on your own can result in unfavorable outcomes and further legal trouble. As such, it is in your best interest to connect with an experienced attorney at the Law Offices of Dale R. Gomes. Our team understands how overwhelming these matters can be, which is why we are committed to fighting for the best possible outcome for your circumstances. Contact us today to learn how we can assist you.