What to Do When Accused of Violating a Restraining Order
Posted on July 27, 2023 by John
A restraining order, also known as a protective order, is a legal document issued by a judicial authority that requires an individual to refrain from certain actions or behaviors toward another person. A restraining order can be issued in a variety of circumstances, including domestic violence cases, stalking cases, and cases involving elder abuse.
There are several different types of restraining orders that may be issued by a court, each with its specific requirements and restrictions. However, restraining orders usually prohibit the alleged abuser from contacting the victim or coming within a certain distance of the victim. These conditions may be difficult to comply with and can depend on many factors besides the alleged abuser’s will.
On the other hand, a restraining order violation occurs when a person who has been ordered to stay away from and has no contact with another person (the protected person) fails to comply with the terms of the restraining order.
Being Charged with a Violation
Restraining order violations can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history. In California, restraining order violations are governed by Penal Code 273.6, which prohibits any person who has been served with a restraining order from disobeying the terms of the order.
While restraining orders can be a valuable tool for providing safety and security to those in need, they can also be misused or misunderstood, leading to devastating consequences for the wrongly affected. If you have been accused of violating a restraining order, it is important to understand your rights and options for defending yourself against these allegations.
If you are found to have violated a restraining order, the consequences can be serious. Depending on the specific circumstances of your case, you may face criminal charges and jail time. In addition, a violation of a restraining order can damage your reputation and impact your relationships with friends and family, as well as deteriorate your capability of maintaining or getting employment.
Hire an Attorney
If you have been accused of violating a restraining order, it is important to get in contact with a skilled defense attorney as soon as possible to help you understand the specific charges against you and develop a strategy for defending yourself.
To be found guilty of violating a restraining order, you must have intentionally and recklessly disregarded the terms of the order; hence, if you were unaware of the restraining order or did not intentionally violate it, a well-trained defense attorney may be able to craft a good defense for the charges against you.
Furthermore, as with most types of offenses, to prove that you violated a restraining order the prosecution must present sufficient evidence to establish your guilt beyond a reasonable doubt.
Finally, in some cases, it may be necessary for you to violate a restraining order to protect yourself or another person from imminent harm, and if your defense attorney can demonstrate that you had a legitimate reason for violating the order, this may be a defense to the charges against you.
The Legal Help You Need
No matter what you are being charged with, you will receive highly skilled assistance from our legal professional with over a decade of experience on both sides of a California courtroom. The Law Office of David Leicht will go the extra mile to solve your legal problems and handle your case with the attention it deserves. 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.
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Barstow, CA 92311
