What You Need to Know About Restraining Order Violations in California
If you are dealing with a restraining order violation in California, you may wonder how to proceed. Here’s everything you need to know about the Violation of a Restraining Order in California.
Legal Background on Restraining Order Violations in California
Under California Penal Code 166, violating court orders, including restraining orders, is contempt of court, marking criminal charges or convictions on your record. Penal Code 273.6 further penalizes injuries resulting from a protective order violation. In some cases, you may face fines and jail time.
What Is a Restraining Order?
A restraining order refers to a court order preventing a person from approaching or contacting a specified person. A protective order can last up to five years from the court hearing date. The court may also grant extensions.
Judges issue protective orders for many reasons, including:
- Domestic abuse
- Physical abuse
- Stalking
- Threatening
- Harassment
After a petitioner files a restraining order, the judge chooses whether or not to grant it and sets a hearing date. Then, a process server or law enforcement officer serves the respondent with the protective order documents, giving the respondent 10 to 20 days to officially respond and obtain legal representation.
Related: Ex Parte Motion for a Temporary Restraining Order in California
Types of Restraining Orders
There are three main classifications of restraining orders, namely:
- Emergency Protective Order (EPO)
- Temporary Restraining Order (TRO)
- Permanent Restraining Order (PRO)
An Emergency Restraining Order (EPO) lasts one week. While a petitioner seeks a Permanent Restraining Order, an EPO provides short-term protection. The court often serves an EPO in domestic violence cases to prevent further acts of violence.
A Temporary Restraining Order (TRO) lasts between 20 to 25 days. Before a court hearing, a TRO provides short-term protection if the judge believes you are in immediate danger. A TRO protects victims until the end of the court case when the judge decides whether to grant a Permanent Restraining Order.
A Permanent Restraining Order (PRO) lasts up to five years. During the court hearing, the judge confirms the petitioner is in danger, issuing varying lengths of restraining orders.
What Does a Restraining Order Do?
The varying forms of restraining orders have differing lengths. Served documents include the specifics of a court order, providing guidelines for the respondent’s scope of activity.
A victim may file many types of protective orders, including:
- Domestic violence restraining orders
- Civil harassment restraining orders
- Criminal protective orders
- Personal conduct order
- Violence restraining orders
- Workplace violence restraining orders
- Elder or dependent adult restraining orders
Related: Does Cheating Affect Alimony in California?
Consequences of Violating Restraining Orders
Violating the terms of a restraining order is a criminal offense. Under California law section 273.6 PC, you may face felony or misdemeanor charges if you break a restraining order. An offender has to see a judge and consult their attorney of options for lesser charges.
The first violation of a restraining order is a misdemeanor. You may face up to a year of jail time, $1,000 in fines, and probation for a misdemeanor conviction. If the violation resulted in injury, you must serve an additional 30 days in jail following an arrest.
If you violate a restraining order again within seven years, you can face felony charges. Felony convictions mandate 16 months to three years in prison and up to $10,000 in fines.
FAQs About Violation of a Restraining Order in California
If I have a restraining order against someone, can I contact them?
You are not limited in your scope of contact if you serve someone else with a restraining order. However, the restrained person violates the order if they contact the petitioner first.
Can I use a restraining order to force someone to move out?
Restraining orders can evict someone from your residence if the person poses an immediate danger. Many individuals who experience domestic violence use an EPO or a TRO to keep the offender at a distance before the court hearing.
Contact Us
If you or a loved one would like to learn more about Violation of a Restraining Order, get your free consultation with one of our Restraining Order Attorneys in California today!