Domestic violence restraining orders carry serious weight in California. They are legal shields meant to protect victims of domestic violence from harm, threats, and unwanted contact. When a judge signs the order, it becomes law. The restrained person is served with the order and must follow all the conditions listed on it.
These conditions limit contact, communication, and physical presence near the protected person. Violating one or more conditions can result in an arrest and criminal charges. You could face felony or misdemeanor charges for violating a restraining order. A conviction for the offense can result in incarceration, fines, and probation.
Additionally, the conviction will leave a permanent mark on your criminal record. This could impact your personal and professional lives. If you face charges for violating a restraining order in Los Angeles, CA, you will need the top-notch legal guidance we offer at CCLG: Los Angeles Criminal Attorney.
Understanding Domestic Violence Restraining Orders
A restraining order is a legal command by the court. The court issues it to protect someone from abuse, threats, stalking, or harassment. The court can issue a domestic violence restraining order (DVRO) in cases involving family members or intimate partners.
A DVRO will be used when there is a close relationship between the victim and the restrained person. This makes it different from other types of restraining orders. These may include:
- Spouses or former spouses
- Domestic partners, past or present
- People you are dating or who you have dated in the past
- Parents who share a child
- Close relatives such as parents, children, grandparents, or siblings
When the court grants a DVRO, it places strict conditions on the restrained person. These conditions may include:
- Staying away from the victim’s home, workplace, or school
- No contact with the victim, either directly or indirectly. This includes calls, texts, emails, social media, or messages through other people.
- Moving out of a shared home or apartment if the victim lives there
- Surrendering firearms and agreeing not to buy new ones while the order is in place
- The restrained person must refrain from any form of abuse, such as threats, harassment, stalking, or physical violence.
A DVRO makes it clear that any violation of these conditions can lead to arrest and criminal charges.
Violations of a Domestic Violence Restraining Order in California
Domestic violence restraining orders are court commands. They protect victims from abuse, threats, and harassment. When issuing a domestic violence restraining order, the court imposes specific conditions. Violating the terms of the restraining order is a crime under California PC 273.6. Common violations of a domestic violence restraining order include:
Direct Contact With The Victim
Direct contact includes calling, texting, emailing, or speaking in person. Even a brief apology or a request to talk counts as contact. A single message can lead to arrest. If you have shared custody of a child, contact during child exchanges can count as a violation.
The court requires strict adherence to the order. For example, a single apology text can prompt police action. If you have an order in place, you must avoid all attempts at contact and follow the court rules exactly.
Indirect Contact Through Others
The terms of a restraining order include a prohibition of indirect contact. Asking friends or family to pass along messages to the protected person is a violation. Messages carried by others are treated as if the restrained person sent them. This group includes social intermediaries and coworkers. Using a third party will not shield you from criminal charges.
Going to Restricted Locations
Restraining orders often list specific places to avoid. These may include the victim’s home, workplace, school, parks, and daycare centers. Arriving at any named location violates the order. Loitering nearby can also count as a violation. Courts also set distance or boundaries to prevent contact.
The court requires you to respect location limits and avoid visiting or loitering near any sites named in the order. Appearing at the victim’s workplace can lead to arrest even if you leave quickly.
Refusing to Move Out
Some orders require the restrained person to vacate a shared residence. Refusing to leave after the order is issued is a clear violation. Returning to the house without permission also breaks the law. The rule exists to remove immediate danger and stress for the victim.
Enforcement of this order can include arrest or civil contempt proceedings. If the court issues a restraining order against you, you must comply with the move-out provisions promptly. Also, you should seek permission from the court before returning to the residence.
Contact on Social Media
Online actions count as contact under domestic violence restraining orders. Sending direct messages, tagging, or commenting are violations of the order. Furthermore, creating fake or alternate accounts to watch or contact the victim can result in charges for restraining order violation, alongside stalking.
When you face charges under PC 273.6, the court uses digital evidence to prove these violations. A direct message sent to an old account, for instance, can serve as evidence of contact. Once the court serves you with a restraining order, you should cease all online interactions with the protected person.
Keeping or Buying Firearms
Sometimes, domestic violence cases involve physical violence. For this reason, the court can impose a firearm ban alongside the restraining order. In this case, you must surrender all your firearms to law enforcement. Keeping or purchasing other guns while the order is active can result in arrest and criminal charges.
Firearm violations lead to stricter penalties and longer custody risks. For example, buying a gun after the order is issued can trigger a separate felony charge.
Harassment or New Abuse
When the court issues a restraining order against you, the judge orders you to stop the abuse against the alleged victim. Any new threats, physical harm, or stalking breaks the order. Harassment can be verbal, physical, or electronic. Damaging the victim’s property can also count as a violation.
These offenses will result in felony charges when severe or repeated. A repetition of the following or threats can quickly increase charges. Under these conditions, the prosecution can be charged with criminal threats and violation of a restraining order.
Breaking Custody or Visitation Rules
In domestic violence cases involving children, the judge can make custody adjustments when issuing a restraining order. Taking a child outside approved times can violate the order. Showing up at a child’s school or daycare without permission is prohibited. Ignoring supervised visit rules also counts as a violation. Courts treat child-related breaches with high seriousness.
If you want a change in custody, you should go through the family court instead of taking matters into your hands.
Elements of California PC 273.6
A domestic violence restraining order protects a person from abuse, threats, or harassment. If someone violates this order, they can face serious criminal charges under California Penal Code 273.6. Before you face a conviction for violation of a domestic violence restraining order, the prosecution must prove the following elements:
There was a Valid Restraining Order
The first element that the prosecution must prove is that a valid restraining order existed. The prosecution must show that the court legally issued the order. It must be a real, active order signed by a judge. Expired or improperly issued orders are invalid under Penal Code 273.6.
You Knew Of The Order
The second element that the prosecution must prove is your knowledge of the order. You must have known about the restraining orders’ existence. The court usually ensures this information by serving the order directly or confirming it in court. If you were not adequately served or informed, the prosecution cannot prove this element.
Ability to Comply
California law only punishes someone who could realistically follow the order. Therefore, the judge will consider your ability to comply with the terms of the DVRO. For example, if the order says to stay away from a location, you must have had a fair chance to avoid that location.
Willful Violation
The prosecution must show that you intentionally violated the restraining order. Accidental contact or unintended violations are not enough to prove your liability under PC 273.6. You must have done the act on purpose. This requirement includes:
- Making a phone call
- Sending a message
- Showing up at the protected person’s home.
Proof Of Contact Or Prohibited Action
You cannot be convicted of violating a restraining order unless the prosecution can prove a specific violation. This could include showing that you went within a restricted distance, made an illegal call, or harassed the victims. This claim is supported by witnesses’ testimony, police reports, or electronic documents.
No Lawful Excuse
The prosecution must prove that you did not have a lawful excuse to engage in the prohibited acts. The defendant cannot argue that they had permission to violate the order. For instance, even if the protected person reached out, you must still obey the order to stay no contact unless the court modifies the order.
Criminal Intent And Context
Finally, the prosecution may emphasize the intent and context of your actions. The violation must be considered an act of defiance against the court’s order. This shows the seriousness of the crime and justifies the punishment.
Penalties for Violating a DVRO in California
The penalties for violating a domestic violence restraining order (DVRO) in California depend on the nature of the violation. Courts consider whether the case involves violence, threats, or repeated behavior. A violation of PC 273.6 is a wobbler. The prosecution can file felony or misdemeanor charges depending on the circumstances.
A first violation of a domestic violence restraining order without violence attracts misdemeanor charges. A conviction in this case will result in the following penalties:
- Jail time. A misdemeanor violation can lead to up to one year in county jail. Judges may order jail even for a first offense if the violation was deliberate.
- Fines. A defendant can face fines of up to $1,000. Courts may add fees and surcharges that make the total amount even higher.
- Counseling. Domestic violence or anger management classes are often required in courts. These programs are designed to change behavior and avoid reversing the restraining order.
- Community service. A judge may also order community service after your conviction for violating a domestic violence restraining order. This is typically added as a condition of probation. It allows you to contribute positively to society.
If your violation of the DVRO involves violence or threats, the prosecution can file felony charges. Felonies carry the following penalties:
- Prison time. A felony violation under PC 273.6 can lead to up to three years in state prison.
- Fines. The fines for a felony can reach up to $10,000. Courts may also add extra costs depending on the case.
- Probation or parole. In some cases, a judge may allow felony probation instead of prison. You might be subject to parole supervision after being released from jail if you are incarcerated for the offense.
- Permanent criminal record. A felony conviction under PC 273.6 will remain on your record for life. It can affect job opportunities, housing, and professional licenses.
Probation for Violating a Domestic Violence Restraining Order in California
If you are charged with violating a domestic violence restraining order, the court may sentence you to probation. In California, probation allows you to avoid incarceration. Probation is served out as community service with strict conditions. Failure to obey the probation conditions can result in its revocation. In this case, the judge may impose the original jail sentence.
The length of probation for violating a restraining order is up to three years. Common probation conditions for violating PC 273.6:
- Obeying all laws and not committing new crimes
- Attending counseling or anger management classes
- Staying away from the victim’s home, job, or school
- Avoiding contact with the protected person in any form
- Community service as ordered by the court
- Regular check-ins with a probation officer
- Payment of fines and other court-ordered fees
Probation allows the court to have good monitoring of the defendant. But this allows the offender to go free and prove that they are bound by law. But violating probation can lead to more severe punishments, such as jail time.
Additional Consequences
Violating a restraining order can result in the following additional consequences:
- Firearm bans. California law does not allow a person under a restraining order to own or carry a firearm. If someone violates this rule, they face additional charges and penalties. This ban can last for years and applies even if the violation was not violent.
- Longer restraining orders. Domestic violence restraining orders last for up to five years. A violation of the order can also lead to an extension. Judges may add more years to the order to make sure the protected person feels safe. This means that you will live under even stricter rules for a more extended period of time.
- Loss of child custody rights. Domestic violence is a serious issue that affects child custody and visitation arrangements. If you face a conviction for violating the order, the other parent of your child can seek custody modifications in family court. Loss of child custody rights can lead to a strained relationship between you and your children.
- Immigration problems for non-citizens. Non-citizens involved in domestic violence cases face added risks. A violation of a DVRO can lead to deportation or inadmissibility.
Legal Defenses Against PC 273.6 Charges
A conviction for violating a restraining order could lead to arrest, fines, and jail time. It can also damage your reputation and plans. But some facts are not always clear, and it is not always straightforward. With the guidance of a skilled criminal attorney, you could present the following defenses to the case:
Lack Of Knowledge about The Order
You cannot violate an order if you never knew about it. For the charges to hold, you must have been adequately served or informed. If the police never delivered the order, or if it was mailed to the wrong address, you may not be guilty of a violation.
Sometimes a person learns about the order only after being accused of breaking it. In other cases, the language of the order is confusing or vague. A defense lawyer can argue that you did not receive a notice of the restraining order. Without knowledge, the law cannot treat your actions as a willful violation.
No Willful Violation
California law requires you to have violated the order deliberately. If you ran into the protected person by chance, that may not count as a violation. For example, you may have gone to a grocery store or public event without knowing they were there. Accidental or casual contact is not the same as breaking the order on purpose. The prosecution must prove intent beyond a reasonable doubt.
False Allegations
False claims are common in restraining order disputes. These cases also involve divorce, custody arguments, or ongoing disputes. The protected person may claim to gain advantages in the family court. They may claim you called, texted, or appeared when you did not.
Some people exaggerate small details to make the situation seem worse. Phone records, text messages, and surveillance video can be helpful. You can also make use of witnesses to support your story. This can help illustrate the contradictions in their story. When the accusation is false, the defense can push for a case dismissal.
Lack of Evidence
The prosecution must prove your guilt beyond a reasonable doubt, which is a high standard. The prosecution must prove the elements using physical and circumstantial evidence. If the evidence is weak, the defense can argue that there is not enough proof. Often, these cases rely on the word of one person.
If there are no texts, calls, or witnesses, the case becomes weak. A defense lawyer can defend every detail. These indicate gaps, errors, and missing data. If doubt lies in the evidence, it can protect the defendant. Without proof, you could avoid a conviction.
Mistaken Identity
Sometimes you could face accusations because you look like another person. A protected person may believe they saw you near their home or work. In reality, it may have been a different person. Mistaken identity is common in dark, noisy, or stressful situations.
In this case, your defense can rely on photos, surveillance, or GPS to show where you were. Other witnesses who saw you in another place can also help you establish your alibi. If you were absent, then no violation occurred. The defense is robust if you can prove an alibi with solid evidence.
The Order Was Invalid or Improperly Issued
A restraining order must be valid for it to be enforceable. If a judge never signed the order, it is invalid. Sometimes orders expire but are still treated as active. In other cases, errors in paperwork or procedure mean the order is flawed.
For example, if the order was granted without a legal compass, you can challenge it. The defense lawyer will look through court records to find errors. If the order was invalid, you cannot be guilty of violating it.
Find a Reliable Restraining Order Lawyer Near Me
In California, a violation of a domestic violence restraining order is a grave matter. Courts issue these orders to safeguard the victims from abuse, threats, and harassment. If a judge returns with a DVRO against you, you must follow all conditions without exception. Often, the conditions revolve around refraining from further abuse and avoiding contact with the victims.
Contacting the protected person, showing up at their home, or sending a message online can result in an arrest and criminal charges under PC 273.6. A conviction for this offense will result in severe legal and collateral consequences. In addition to spending time behind bars, you can have a lasting criminal record.
Fortunately, not all allegations of DVRO violation result in a criminal conviction. With the insight of a reliable attorney, you can fight the charges and secure a favorable outcome. At CCLG: Los Angeles Criminal Attorney, we will protect your rights and offer the expert legal insight you need to navigate your charges. Call us today at 323-922-3418 from Los Angeles, CA, to discuss your case.
