Courts issue restraining orders to protect the victims of different forms of violence, harassment, or stalking. A person can seek a restraining order for violence that occurs at the household level, at work, or in their daily lives. If the court issues an order against you, you must follow the strict conditions indicated in the order. The conditions may include no contact, moving out of a shared home, and avoiding further violence.

Failure to do so can result in an arrest and criminal charges under California Penal Code 273.6. Depending on the severity of your violation, you could face felony or misdemeanor charges under this statute. A conviction for violating a restraining order can land you behind bars. Additionally, it can affect other aspects of your life.

Therefore, if you or a loved one faces charges for this offense in Los Angeles, CA, you should hire and retain a skilled lawyer. At Leah Legal Criminal Defense Attorney, we will offer the legal insight you need to secure a favorable outcome in your case.

What Is a Restraining Order?

A restraining order is a court order. A judge issues it to protect a person from harm, threats, or harassment. A restraining order creates clear rules that one person must follow. Restraining orders are common in cases involving abuse or conflict. The list includes domestic violence, stalking, or ongoing harassment. There are different types of restraining orders. They include:

• Domestic violence restraining orders. These types of orders apply when a close relationship exists between the victim and the abuser. The order can protect spouses, partners, family members, or people who have dated. Courts act quickly in these cases to prevent further harm.
• Civil harassment restraining orders. The court can issue a civil harassment order when the individuals involved do not have a close relationship. This may include neighbors, coworkers, roommates, or acquaintances. These orders are common in cases of repeated harassment, threats, or stalking.
• Workplace violence restraining orders. A workplace harassment restraining order can be issued when abuse or harassment occurs at the workplace. These orders aim to protect employees from threats or violence. The employer seeks the order on the worker’s behalf.
• Elder or dependent adult abuse restraining orders. Elders and people with disabilities are vulnerable members of society. This type of restraining order exists to protect these individuals from abuse, neglect, or financial exploitation.

A restraining order can be temporary or long-term. The court issues emergency restraining orders when the victim requires immediate protection. After reviewing the evidence of abuse, the judge can issue a permanent restraining order. Restraining orders are legally binding. This means you must obey them once they are issued. Violating the restraining order can result in serious legal issues.

Violating a Restraining Order in California

Courts issue restraining orders to protect victims of harassment, violence, and stalking. If the court issues the order against you, you must follow all the requirements. Failure to do so can result in an arrest and criminal charges under California Penal Code 273.6. To secure a conviction under this statute, the prosecution must prove the following elements of the crime:

A Court Issued a Written Order Against You

The first element that the prosecution must prove is that a court issued a written order against you. This means the order is official and valid. It is not enough for someone to tell you to stay away from them. The court must approve it in writing. Without a legal order, you cannot face charges under PC 273.6.

The Order Was a Protective Order

Another element that must be clear for a successful conviction under PC 273.6 is that the order was a restraining order. Common restraining orders that the court can issue include:

• Domestic violence orders
• Civil harassment orders
• Elder/dependent adult protective orders
• Workplace violence restraining orders

These orders aim to protect someone from harm or harassment. Other types of orders, such as traffic or child custody orders, do not fall under this statute.

You Knew of the Court Order

You cannot be charged with violating an order that you did not know about. Therefore, the prosecution must prove that you knew of the order. You have the right to receive notification if the court issues a restraining order against you. These notifications inform you of the conditions you must follow.

You Had the Ability to Follow the Court Order

The prosecution must prove that you followed the order before securing a conviction against you. If you could reasonably obey the restrictions but chose not to, this element is satisfied. For example, if the order says you cannot contact someone, and you have the means to avoid it, you must do so.

You Willfully Violated the Court Order

The final element that defines PC 273.6 is your willful violation of the court order. A willful violation means that you acted deliberately with the knowledge of the order. Willful violation means you consciously ignored the rules. Even small acts of disobedience can count. Accidental violations may not suffice under this statute.

Common Violations of a Restraining Order in California

When issuing a restraining order, the court sets strict conditions that the restrained person must follow. These conditions aim to protect the victim from further violence or harassment. Acts that may count as restraining order violations include:

Contacting the Protected Person Directly

One of the most common conditions of a restraining order is to avoid contact with the protected person. You could face charges for a restraining order violation if you engage in any form of contact with the protected individual. Contact in this case may include:

• Calling
• Texting
• Emailing
• Messaging on social media

Contacting the Protected Person Indirectly

You can violate the restraining order by contacting the protected person indirectly. Contact in this case may include sending messages through friends, family, or co-workers. The law treats indirect contact as seriously as direct contact.

Going Near the Protected Person

Many restraining orders include distance restrictions. This means that you cannot go near the person, their home, workplace, or school. Entering areas the order forbids counts as a violation. Even being in a parking lot or on a nearby street can sometimes be considered a breach.

Following or Stalking the Protected Person

Restraining orders protect victims from violence, harassment, and stalking. If you continue to follow, trail, or stalk the protected person, you could face arrest and criminal charges. Actions that may constitute stalking or following include appearing outside their home, work, or places they frequently visit.

Threatening the Protected Person

Even if you do not cause physical harm to the protected person, threatening them can constitute a violation under PC 273.6. Forms of threat in this case can include threatening phone calls, messages, emails, or social media posts, all of which qualify.

Damaging or Taking Property

Some restraining orders prohibit you from damaging or taking property belonging to the protected person. You violate this condition by breaking items, vandalizing property, or taking personal belongings. The law considers such behavior a form of harassment or intimidation. You can face charges for violating a restraining order even if you send another person to engage in these acts.

Violating Child Custody or Visitation Restrictions

Sometimes, domestic violence restraining orders include children. The court may impose certain custody and visitation orders to protect the child. Taking or keeping children in violation of the order’s terms constitutes a violation. Additionally, sending children to meet with the protected person may also be illegal. Sending kids to see the protected individual might also be against the law.

Failure to Leave a Shared Home

If the court issues a domestic violence restraining order against you, you may be required to leave the home you share with the protected person. This helps in preventing the continuation of violence. In some cases, the law enforcement officer may escort you to the property to retrieve your belongings. You will be charged with violating the restraining order if you don’t leave the property or go back home until the court lifts it.

What Happens After an Alleged Violation?

There is a safety concern regarding violations of restraining orders. Therefore, in case of a reported violation, law enforcement acts quickly. The authorities take the following steps to address the violation:

• Investigation. After receiving a report of a violation, the police will gather the facts. They may talk to the protected person and any witnesses. Also, they can review texts, emails, or call records. The goal is to determine whether a violation is likely to have occurred.
• Arrest. Officers may arrest you without a warrant if the violation involves a risk to others’ safety. Often, an arrest happens right away. The officer will book you in jail after making an arrest.
• Charges filed. A prosecutor reviews the evidence, and they may decide to file charges against you. Violating a restraining order can result in criminal charges under California Penal Code 273. 6.
• Court process. After the prosecution files the charges, you will attend an arraignment, where you enter a plea. There may be hearings to review evidence. Some cases of restraining order violations settle while others proceed to trial. After the trial, the judge can find you guilty or not guilty of the violation. Legal penalties accompany a guilty verdict.

Criminal Penalties for Violating a Restraining Order

Violating a restraining order is usually a criminal offense. In California, this offense can attract felony or misdemeanor charges. The nature of your charges depends on the severity of the violation and your criminal history. A first violation of a restraining order is charged as a misdemeanor. A conviction in this case will result in the following penalties:

• Up to one year in county jail
• Fines up to $1,000
• Probation
• Mandatory counseling programs

The prosecution can file felony PC273.6 charges against you under the following circumstances:

• You have prior violations. California law is strict on repeat offenders. If you have a history of violating court orders, you can face felony charges under this statute.
• You caused injuries to another person while committing the violation. Violation of a restraining order can range from sending a simple message to causing physical harm to the victim. Violations that cause direct harm are treated more severely.

Felony penalties may include:

• Sixteen months to two to three years in prison
• Fines that do not exceed $10,000
• Formal probation

Additional Consequences of Penal Code 273.6 Conviction

The consequences of a conviction for violating a restraining order go beyond incarceration and fines. This offense can have the following long-term impacts on your life:

• Loss of gun rights. In California, adults with no felony record can legally possess and purchase a firearm. However, you may lose the right to own or possess firearms if you violate a restraining order. Courts often require you to give up any guns you already have. The court can also ban you from obtaining a new firearm. A firearm ban can last up to a lifetime, depending on the type of violation that you committed.
• Child custody issues. Family courts aim to protect children’s safety and well-being. If you face a conviction for violating a domestic violence restraining order, you can lose your custody and visitation rights. Such penalties can occur if the judge determines that you pose a danger to their safety. Loss of custody rights can significantly impact your relationship with your children.
• Damage to reputation. A violation can harm your personal image. Friends, family, and your community may lose trust in you. A damaged reputation can affect your relationships and social life.
• Employment problems. A conviction for violating a restraining order can affect your job. Employers may see the violation on a background check. Some jobs may deny you work. Employment issues may arise in fields that require trust or professional licenses.
• Immigration consequences. If you are not a citizen, a conviction under PC 273.6 can affect your immigration status. Such a violation may lead to deportation or inadmissibility. Removal from the country or denial of reentry can have devastating effects on your personal life.
• Loss of your professional license. If your profession requires you to have a license to practice, your licensing board will be monitoring your activities. A violation of your restraining order conviction could subject you to an investigation, which could result in license revocation.

Defenses to Violating a Restraining Order in California

Violating a restraining order can result in severe legal and collateral consequences. Fortunately, an accusation does not imply guilt. With the insight of a reliable defense attorney, you can present the following defenses against your charges:

You Did Not Know About the Order

A common element that the prosecutor must prove to find you guilty of violating a restraining order is that you knew of the order’s existence. Service is the legal way of giving you notice. The court uses process servers to deliver the notice. You may not have known the order existed if the court had not served it correctly.

Courts often look for proof of service when determining your knowledge of the order’s existence. This may include signed documents or law enforcement records. If there is no clear proof, this defense can create doubt about whether you understood the restrictions.

The Order Was Not Valid

The court must have issued a restraining order for you to face charges for violating it. Furthermore, it must follow the law. If the order was issued incorrectly, it may not be enforceable. For example, a judge must have jurisdiction over the case. Also, paperwork must be complete and accurate. If there are legal errors, the court may find the order invalid. Without a valid order, there can be no violation.

No Willful Violation

For you to be found liable under PC 273.6, you must have committed a willful violation. This means you acted on purpose or you chose to ignore the order. If the act was accidental, this defense may apply. For example, you may run into a protected person in a public place. If you leave right away, it may not count as a violation.

False Accusations

Issues that lead to the issuance of a restraining order are often contentious. For this reason, you could face false allegations of violating the order. The protected person may misunderstand events or act out of anger. Courts rely on evidence to convict someone of a violation. The evidence can include messages, call logs, or witness statements. Therefore, if there is no solid evidence, the accusation may fail.

You Did Not Violate the Terms

Restraining orders must clearly state what is not allowed. If your actions did not break any rule, you can raise this defense against your PC 273.6 charges. For example, the order may limit contact but not restrict certain locations. Courts will review the exact wording in the restraining order provisions. If the conduct does not match a banned act, you cannot be found guilty of a violation.

The Restrained Person Contacted You

Sometimes the protected person reaches out first. You can reach them by phone, text, or by requesting a meeting. Such communication does not always excuse a response. However, it can help your defense. It may show there was no intent to harass or violate the order. It can also create confusion about the situation. Courts may consider these factors when reviewing the facts.

Inability to Comply

To face charges for a violation, you must be able to comply with the terms of a restraining order. If something prevents you from doing so, this defense may apply. For example, an emergency may place you near the protected person. The judge will consider whether you had control over the situation. If you had no real choice, the violation may not be willful.

Mistaken Identity

When you have a history of violence or harassment against another person, you may be a suspect when they face another incident. You can avoid a conviction for violating a restraining order if you can prove that you were not responsible for the incident. A skilled lawyer can help you establish an alibi for when the incident occurred.

How to Avoid Violating a Restraining Order

The impact of a restraining order violation can follow you for the rest of your life. Minor lapses in judgment can take away your freedom and affect your personal life. Therefore, you should strive to avoid the violations. Common types you could explore when the judge issues an order against you include:

• Read the order carefully. You should take time to read and understand every part of the restraining order. Also, you should pay attention to distance limits and contact restrictions. If something is unclear, you can ask your criminal defense attorney for clarification.
• Keep a copy with you. Always keep a copy of the restraining order nearby when you receive it. You can keep a printed or digital copy on your phone. This helps you review the rules at any time.
• Inform friends and family. You can inform your family and friends about the order. If they understand the rules that you must follow, they can avoid involving you in a violation.
• Avoid certain places. You can protect yourself from accidental violations of a restraining order by avoiding places associated with the protected person. These areas may include their home, work, or school.
• Block all communication. Contact with the protected person is a common violation of a restraining order. You can avoid violating the order by blocking the person on your phone and social media. This reduces the chance of contact. If the protected person reaches out first, you should not respond. Instead, you can document the attempt in case they claim that you initiated the contact.

Find Expert Legal Guidance Near Me

You could face an arrest and charges under PC 273.6 if you violate a restraining order. Different types of restraining orders come with varying conditions that you, as the restrained person, must follow. These conditions aim to protect the alleged victim from further harm. You violate the restraining order by attempting to contact the protected person, continuing to harass them, and failing to honor the distance requirements.

The consequences of a conviction for violating a restraining order can affect your life for a long time. Even after serving your sentence and paying the fines, the conviction remains on your record. Since criminal convictions are public records in California, they can appear on background checks. Such convictions can result in personal and professional implications.

Fortunately, not all arrests under PC 273.6 result in a criminal conviction. With the insight of a seasoned attorney, you can build a solid defense to fight the charges. At Leah Legal Defense Attorney, we offer expert legal guidance to our clients facing criminal charges in Los Angeles, CA. Call us today at 213-444-7818 to discuss your case.