Violating a Restraining Order

Violating a Restraining Order

Violating a Restraining Order

You may have heard of a restraining order or a protective order. Both are court-issued orders that aim to protect someone. These orders determine the kind of behavior that is allowed or prohibited, which would ensure the safety of a person. For example, someone may be a victim of abuse, stalking, harassment, and so forth, and a restraining order could prevent action that would result in this behavior. The person who had a restraining order against them must follow the terms; otherwise, a violation will result in a criminal action.

 

Types of Orders

There are several different restraining and protective orders for situations. They work to prohibit contact between the protected person and the restrained party. For example, the restrained person would not be able to call, meet in person, or interact with the protected individual. The following restraining orders are available in California: domestic violence, civil harassment, elder abuse, and workplace violence. The type of restraining order issued will depend on the context of the case. For example, a spouse who is being abused can request to receive a domestic violence restraining order.

 

Violating the Order

If you are facing a restraining order, it is very important that you fully understand the terms of the order. Speak with an experienced criminal attorney in order to go over the order. According to California Penal Code 273.6 PC, violating a restraining order can result in a misdemeanor. Typically, the person could face up to a year in jail, but other penalties can be applied, or the severity could decrease depending on the criminal history of the defendant and the context of the violation.

 

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