In California, the legal system takes restraining orders very seriously. These orders are designed to protect individuals from harm, whether it’s physical, emotional, or otherwise. But what exactly happens when someone violates a restraining order? how long do you go to jail for violating a restraining order in california?
Understanding Restraining Orders in California
Before we get into the penalties for violation, it’s important to know what a restraining order is and the different types available in California.
Types of Restraining Orders
Domestic Violence Restraining Orders: These are perhaps the most well – known type. They are issued to protect victims of domestic violence, which can include current or former spouses, co – habiting partners, and family members related by blood or marriage. For example, if a wife has been physically or emotionally abused by her husband, she can file for a domestic violence restraining order. This order can prevent the husband from contacting her, coming near her home or workplace, and in some cases, even from possessing firearms.
Civil Harassment Restraining Orders: These are used when the parties are not in a domestic relationship. It could be neighbors, co – workers, or even strangers. If someone is being harassed, stalked, or threatened by another person who is not a domestic partner, they can seek a civil harassment restraining order. For instance, if a neighbor is constantly making threats or causing a disturbance, a civil harassment restraining order can be a solution.
Elder or Dependent Adult Abuse Restraining Orders: As the name implies, these are for the protection of elders (65 years or older) or dependent adults. If an elder is being abused, neglected, or financially exploited, a restraining order can be obtained to keep the abuser away.
How Restraining Orders are Issued
The process of obtaining a restraining order in California begins with the victim filing a petition with the court. The court will then review the petition, and if there is sufficient evidence of harm or threat, a temporary restraining order (TRO) may be issued immediately. This TRO is in effect until a full – hearing can be held. At the hearing, both parties have the opportunity to present their case. If the judge determines that there is a need for long – term protection, a permanent restraining order can be issued, which can last for up to five years in some cases.
The Consequences of Violating a Restraining Order
Violating a restraining order in California is a serious offense with significant legal consequences. The main penalty is jail time, but there are also other aspects to consider.
Jail Time
Misdemeanor Violations: In most cases, a first – time violation of a restraining order is charged as a misdemeanor. For a misdemeanor violation, the offender can face up to one year in county jail. For example, if someone who has a domestic violence restraining order against them sends a text message to the protected person, that could be considered a misdemeanor violation. The judge will take into account factors such as the nature of the violation, the relationship between the parties, and any prior criminal history when determining the actual jail sentence.
Felony Violations: There are circumstances where violating a restraining order can be charged as a felony. If the offender has prior convictions for violating restraining orders or if the violation involves violence or a threat of violence, it can be elevated to a felony. A felony conviction for violating a restraining order can result in a prison sentence of up to four years. For instance, if a person with a restraining order against them breaks into the protected person’s home and threatens them with a weapon, this is likely to be charged as a felony.
Fines
In addition to jail time, offenders can also be fined. For misdemeanor violations, the fine can be up to $1,000. For felony violations, the fine can be much higher, potentially reaching tens of thousands of dollars. The fines are intended not only as a punishment but also to compensate the victim for any losses or damages they may have suffered as a result of the violation.
Impact on Other Areas of Life
Employment: A conviction for violating a restraining order can have a significant impact on a person’s employment. Many employers conduct background checks, and a criminal conviction can lead to job loss or difficulty in finding new employment. For example, someone in a professional field such as law or healthcare may lose their license or be barred from practicing if they have a felony conviction for violating a restraining order.
Child Custody and Visitation: In cases where there are children involved, a violation of a restraining order can severely affect child custody and visitation rights. If a parent violates a restraining order, the court may be less likely to grant them custody or liberal visitation rights. The court’s primary concern is the safety and well – being of the child, and a restraining order violation indicates a potential risk.
Real – Life Examples
To better understand how these laws play out in real life, let’s look at a few examples.
Example 1: Misdemeanor Violation
John and Mary were married for five years. After a series of arguments that turned violent, Mary obtained a domestic violence restraining order against John. One day, John sent Mary a text message asking her to meet him to talk about their divorce settlement. Even though the message was seemingly harmless, it was a violation of the restraining order. John was arrested and charged with a misdemeanor violation. Since it was his first offense and there was no violence involved, he was sentenced to 30 days in county jail and ordered to pay a fine of $500.
Example 2: Felony Violation
Tom had a civil harassment restraining order against him from his neighbor, Sarah. Tom had a history of making threats and causing a disturbance at Sarah’s property. One day, Tom got drunk and decided to confront Sarah. He broke into her backyard and started yelling threats at her. The police were called, and Tom was arrested. Because of his prior history of violating the restraining order and the violent nature of this incident, he was charged with a felony violation. Tom was sentenced to two years in prison and ordered to pay a fine of $5,000.
Defenses Against Restraining Order Violation Charges
If you are facing charges for violating a restraining order, there are some possible defenses.
Lack of Knowledge
If you can prove that you were not aware of the restraining order, it could be a defense. However, this can be difficult to prove, especially if proper service of the order was made. For example, if the restraining order was served to an old address and you had no way of knowing about it, you may be able to argue lack of knowledge.
Mistaken Identity
In some cases, there may be a case of mistaken identity. If you can show that it was not you who violated the restraining order but someone who looks similar or has a similar name, it could be a valid defense.
Necessity
In very rare cases, if you can prove that violating the restraining order was necessary to prevent a greater harm, it may be considered a defense. For example, if you had to contact the protected person to warn them of an immediate danger, you may be able to use the necessity defense.
Conclusion
In California, violating a restraining order is a serious offense that can lead to significant jail time, hefty fines, and other life – altering consequences. Whether it’s a misdemeanor or a felony, the impact on the offender’s life can be long – lasting. It’s crucial for both the protected person and the person subject to the restraining order to understand the terms of the order and the consequences of any violation. If you are facing charges for violating a restraining order, it’s essential to seek legal counsel immediately to explore your options and defenses. By understanding the law and its implications, we can all work towards a safer and more just society.
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