Los Angeles Restraining Order Defense Lawyer
Restraining orders, also known as protective orders, no-contact orders, and stay-away orders, are issued whenever the courts determine that a person must not have contact with another person or persons.
If someone, a spouse, partner, co-worker, neighbor, classmate, roommate, etc., has inflicted injury on another, threatened to do so, stalked, harassed, or annoyed another, one of these legal orders can be issued, restricting contact.
In a domestic violence case, for example, a husband or live-in boyfriend may have intentionally physically hurt his wife or girlfriend. Or perhaps a neighbor who is disputing property rights has criminal threats. Aggravated trespassing is defined under Penal Code 601 PC.
Whatever the reason, you must pay attention when a restraining order has been issued against you. Contacting a criminal defense attorney in Los Angeles would be wise, as restraining orders can be severe, especially if you violate them. We can help minimize the penalties for you and possibly even have the order changed or removed if issued unfairly.
Penalties for Violating Restraining Orders
While restraining orders are not a serious felony charge, violating one can lead to serious consequences. You could face a misdemeanor charge, potentially landing you in jail for up to a year and requiring you to pay up to $1000.00.
If the protected person is injured during the violation, the fine increases to $2000.00. The severity of the consequences is clear: one could face up to one year in jail and serve at least 30 days behind bars.
If you violate a restraining order twice or more within a year, the courts can now charge you with a felony. If, for instance, you violated the restraining order twice, and someone was injured, the penalty would be six months to one year in jail and fines of up to $2000.00 in cases where the violation was charged as a misdemeanor. If the case is prosecuted as a felony, the jail time can increase to two to three years.
To be charged for violating a restraining order, three factors would have to be demonstrated:
- The order itself has to be valid. There are certain circumstances where a restraining order is impossible to abide by. For example, you might be ordered to come no closer than 100 yards from your neighbor, but you must use a shared pathway to get to your house. This order should not have been granted as you can't obey it. Or perhaps the court that issued the order did not have proper jurisdiction.
- You knew there was a restraining order against you. By law, you must be notified that an order is issued against you. You can't be charged with violating it if you don't know about it. For example, it would have to be proven that it was improperly addressed or handed in person by mistake to someone else. Or you may not have been in court when the judge granted it.
- Your violation was intentional. For example, if you have been ordered to have no contact with your spouse but run into him or her at the grocery store, a good defense could take action to show that the violation was unintentional. Another example could be if you were unaware that the person you were communicating with was the protected party.
Defending against a restraining order violation can be complicated. The attorneys at our firm can significantly help you maneuver through the system and take action to protect you or cancel a restraining order. After someone is arrested for domestic violence, the criminal court process is stressful, emotional, confusing, and often will frequently divide family unity, a concern we understand and empathize with.
It's crucial to understand that a restraining order can have long-term consequences. Beyond the immediate penalties of jail time and fines, a restraining order will become a permanent mark on your record, potentially affecting your future employment opportunities, firearm ownership, school admission, and more. The impact of a restraining order is not just immediate but can have lasting effects on your life.
This could affect your future employment opportunities, firearm ownership, school admission, and more. The impact of a restraining order is not just immediate but can have lasting effects on your life.
Contact our firm, Cron, Israels & Stark. We can analyze the circumstances of your case and advise you on your best course of action. We know how to resolve these issues for our clients, and we urge you to contact us immediately for the guidance and reassurance you need.
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