When a restraining order, which is a civil court order, is violated then it is considered a contempt of court situation. This happens when someone intentionally ignores the order that was issued by a California judge to stay a certain amount of distance away from the person who issued the order against them. These violations are criminal and punishable by both imprisonment and fines. This makes hiring a California attorney from The Monterrosa Firm important as they can represent you when you need them most.
California Restraining Order Law
In order to prove that a violation occurred, a prosecutor must prove that a judge issued a restraining order, the defendant knew of the order, and they knew that they were intentionally violating the order. These violations are misdemeanors in the state and are punishable by up to one year in county jail and of fines up to $1,000. If someone is convicted of this violation a second time, it is considered a felony, which is punishable by up to three years in state prison and up to $10,000 in fines. If this occurs within one year of the first violation, penalties can be even steeper.
Defenses for Restraining Order Violations
A criminal defense attorney from The Monterrosa Firm can bring forth different legal defenses for restraining order violations for their clients in Southern California. This can include false accusation, lack of intent (you weren’t aware of the order issued), or lack of knowledge. If you’ve been accused of a restraining order violation in California, it’s time to call one of our attorneys to help represent you as soon as possible. To schedule a free consultation today, call 310-601-3143.