California Restraining Order Violation
If you’ve been charged with violating a restraining order in California, I know you are going through a difficult experience. Trying to clear your name is no simple challenge, but it can be done in spite of the forces stacked against you.
Our California defense lawyers have years of experience and a wealth of knowledge in defending restraining order violations, and can help you when you don’t know where to turn.
There are many situations where you could be facing a restraining order charge and be completely innocent:
- You may not have known that a restraining order was in place;
- The contact could have been accidental or inadvertent;
- You even be charged with a violation and arrested even if the other person makes contact with you.
No matter what happened, it could take some work to fix the problem. It is easy to makes mistakes, we all do it. Unfortunately, you may be facing criminal prosecution for this mistake.
Anytime you are a caught up in the California criminal court system and working to defend yourself, you can have a real challenge facing you. The system is in the business of getting convictions and putting “criminals” away. When you are lumped into that category it can be stressful and exhausting. And it is worse with a restraining order violation or domestic violence related charge, where you are typically given little benefit of doubt.
But we are on your side. Call us for a consultation on your case today. Take the first step in retaining an attorney that will fight for your cause.
Restraining Order Laws
Protection and restraining orders (no contact orders) can limit your physical proximity to someone, keep you out of your own house, and even grant temporary custody of the children.
But they can also be applied unfairly. We can challenge the existence of such an order on many different legal grounds. And if the order was improperly granted, any underlying violation should not be valid.
Violation of a Protection Order – Penalties
If you violate any of the sections of a restraining order or protection order in the state of California, you can be facing additional criminal charges.
Even if you are not guilty of the offense that led to the protection order being issued, you still must follow the courts order of risk further criminal prosecution.
If you are found guilty of violating a protection order and it is your first offense you will be charged with a misdemeanor and face fines of up to $1,000 and up to one year in jail. However, if someone is injured during the violation, you may be facing fines of $2,000 and will spend anywhere from 30 days to one year in jail.
If you are found in violation of a protection order and sentenced to a minimum jail term, your attorney can assist you in possibly serving probation in lieu of jail time.
Ref: CA Violation of a Protection Order Laws – California Penal Code Section 273.6
Get a Free Legal Consultation on Restraining Order Violations
We can help you figure out your next move as part of a free case evaluation and defense consultation.
There are always options in court.
Even if things don’t go well in court, we never give up working to get you the fairest treatment. For example, When determining if the mandatory minimum sentence can be waived, the judge will look at: the potential for a reoccurrence, the safety of the victim, and the circumstances surrounding the original violation. As your attorneys, it would be our job to help the court see you in a positive light, and we’ll do whatever it takes to defend your freedom.
An experienced attorney can help your voice be heard in court. When you feel like no one is looking out for you, we can be there to help.
Please contact us today to find out what we can do for you.