It is common to have a restraining order in place when facing or convicted of domestic violence charges. In California, it is unlawful to intentionally violate the terms or conditions of a restraining order or a protective order. At Hamasaki Law, we will guide you through the process from the moment we are contacted until your matter is resolved. We will spend the time with you explaining various options and strategies and we will work together to determine the best approach to fighting your case. Contact us now to discuss your case and let us help you through the process
In order to be found guilty of violating a restraining order or protective order you must have:
1) Issued a legal protective order,
2) you knew about the order, and
3)You intentionally violated that order
The penalties of a conviction for intentionally violating a restraining order or protective order vary depending on whether or not there were injuries and whether you have prior convictions for violating a restraining order or protective order.
Misdemeanor Restraining Order Violation
If you are convicted of a misdemeanor restraining order violation, you can be sentenced up to one year in county jail and fined up to $1,000.00. The judge can also impose other terms on your sentence like substance abuse counseling, anger management, domestic violence classes or restitution.
If there is physical injury and it is your first violation of a restraining order, you must serve a minimum of 30 days in county jail and the fine maxes out at $2,000.00. If it is your second conviction for a restraining order violation within the year and there was physical injury, the minimum sentence is 6 months county jail, up to one year and a fine of up to $2,000. Alternatively, your second offense within a year may be charged as a felony.
Under certain circumstances, courts can stay the minimum jail time requirement so long as you have spent 48 hours in custody for the 30-day minimum or 30 days in custody for the 6-month minimum. A criminal defense attorney may be able to persuade the judge to stay the remainder of the minimum by presenting mitigating factors on your behalf, explaining your remorse, showing that you are making progress or having completed progress, or other mitigating circumstances.
Felony Restraining Order Violation
Under certain circumstances, a restraining order violation because a “wobbler” offense. This means that under certain circumstances the district attorney has the option of charging it as a misdemeanor or a felony. It is a wobbler and may be charged as a felony if:
If it is charged as a felony, you can be sentenced to up to one year in jail and probation or you can be sentenced to a term of either 16 months, 2 years or 3 years and are subject to fine up to $10,000. The judge can also impose certain conditions like counseling or restitution.
Below are common defenses to a violating a restraining order or protective order charge:
If you are someone you know has been charged with violating a restraining order or protective order, call Hamasaki Law today.