Restraining Order Violation Attorney in Long Beach, California

On any given day, local domestic violence hotlines receive nearly 20,000 calls, approximately 13 calls per minute.

Although domestic violence should never be tolerated, being served with a restraining order can be disheartening. The limits placed on contacting another person can become even more overwhelming when you feel the actions are unjust or blown out of proportion. Regardless of the circumstances surrounding the order, violating a restraining order is a criminal offense. At the McCready Law Group, I understand the broad legal scope of restraining orders in California as well as the intricate circumstances that can lead to restraining order violations. If you believe you have violated an active restraining order, it is critical that you resist the temptation to resolve the issue yourself and contact a criminal defense attorney for guidance. Contact me today for support. 

Types of Restraining Orders

In California, there are four types of restraining orders and they can be implemented in three different ways. Restraining orders can be used for domestic violence, elder abuse, civil harassment, or workplace harassment. Restraining orders are issued as an emergency, temporary, or permanent order. 

What Actions Are Prohibited

Because every situation is unique, the prohibited actions of a restraining order may vary depending on the type of restraining order and the manner in which it is issued. There are, however, some common actions that can result in a clear violation of the restraining order. A few of these common violations are:

1. Failure to move out or leave the place where you reside with the protected person.
   

2. Making contact with a protected person when a “no contact” order has been imposed. This includes phone calls, text messaging, email, social media, or any direct or indirect method of contacting the protected person.
   

3. Failure to stay away from a home, workplace, school, or any other designated protected place.
   

4. Failure to pay child support, bills, or other forms of spousal support.
   

5. Failure to return personal property.
   

6. Possessing a firearm. Restraining orders often require that you forfeit any guns in your possession while the restraining order is in place. 

Consequences of Violating a Restraining Order

When you violate a restraining order in the state of California, it is considered a wobbler offense. This means that it could be charged as a misdemeanor or a felony. The type of charge depends on the facts surrounding the restraining order and prior criminal history.

In general, misdemeanor violations can carry fines up to $1,000 and a maximum county jail sentence of one year. Felony violations are much more serious with fines up to $10,000 and a jail sentence between sixteen months and three years. You may also be placed on probation for violating a restraining order. 

Remember, every case is unique and there are always other additional factors that can determine the consequences for violating a restarting order.  Previous convictions, injuries sustained during the violation, or use of a weapon are just a few examples that can significantly affect the punishment and potentially add additional charges. 

How a Criminal Defense Attorney Can Help

When you are served with a restraining order, you are automatically responsible for defending yourself. Many individuals fail to fully recognize how important it is to follow the order exactly and adhere to the fine print, even if you don’t agree. It is not uncommon for emotion or ignorance to take control and allow for risky mistakes that could have otherwise been avoided. Whether you have just been served with a restraining order or believe you are in violation of an existing order, partnering with a criminal defense attorney gives you the best chance to fully understand the order, safely navigate the expectations of the order, and deal with any violations or appeals.