Restraining Order Violation Defense: How Serious Is It in California?
Restraining order violations are serious crimes in California—they are considered contempt of court and are punishable by jail time and fines. Working with an experienced criminal defense attorney is vital if you have been accused of a restraining order violation.
This post will consider the penalties for a restraining order violation in California. We will also consider defenses that an experienced criminal defense attorney may utilize on your behalf.
A restraining order aims to prevent someone from engaging in certain behavior that causes harm or fear. This may include physical contact, threats of violence, and acts such as stalking and harassment. In addition, the restraining order would likely prohibit communication via voice call, text, email, social networking sites, or messages sent through a third party.
California Penal Code Section 273.6 states that violating a restraining order is a criminal offense. This offense is considered a misdemeanor and can result in up to one year in jail and fines of up to $1,000. If the defendant is convicted of this crime more than once within seven years, it becomes a felony with possible prison time ranging from 16 months to three years.
At the Law Office of David Leicht, we have experience defending clients accused of restraining order violations and can help you develop an effective defense strategy.
We will carefully review the facts of your case and determine if any of the following defenses apply to your situation:
- The violation was not willful. This defense may apply if the defendant did not intentionally violate the order. For example, if the defendant was unaware of the order or did not understand its terms.
- The violation allegation is false. This defense may apply if there was no violation or if the defendant did not know about the existence of such an order.
- The violation did not happen. This defense may apply if the defendant did not violate the order. For example, if you were not present when the alleged violation occurred or there is no evidence of involvement.
At the Law Office of David Leicht, we understand that any criminal charge can be scary. If you have been accused of a restraining order violation and are looking for legal representation, we are here to help. We offer free case evaluations for individuals accused of restraining order violations.
Our law office will work to learn what defense may apply to your situation. Contact us at (760)-256-3104 or use our online form to set up a free consultation and put the power of an experienced defense attorney on your side.
Serving Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, Wrightwood, and the surrounding California communities.
534 Barstow Road
Barstow, CA 92311