March 7, 2024 By Paul Wallin

What Happens If The Court Grants A Restraining Order And The Court Finds That It Has Been Violated?

California has some of the strictest laws when it comes to restraining orders. If you have a restraining order filed against you and are found guilty of violating its terms, you can expect severe and immediate consequences.

The first and perhaps most significant consequence is the legal penalty. Violating a restraining order can lead to criminal charges. In California, you can be charged with a misdemeanor or felony, depending on the circumstances of the violation. Possible legal penalties include significant fines, community service, or even incarceration.

A first-time conviction for violating a restraining order in California can result in fines of up to $1,000 and/or up to a year in county jail. If the violation involved violence or a credible threat, the penalties are more severe. Subsequent violations can elevate the initial punishment and, in some cases, are automatically charged as felonies.

What Can Happen if a Restraining Order is Violated

If the protected individual reports a violation, law enforcement is required to take the report seriously. This often leads to an immediate arrest and criminal prosecution of the offending party.

In the case of a violation, the protected individual can ask to have the restraining order extended, potentially for a lifetime. 

The ramifications of violating a restraining order go beyond legal punishment. The act itself, and any subsequent legal proceedings, can severely damage your reputation and personal relationships. You may find it increasingly difficult to maintain social and employment opportunities, causing a ripple effect in all facets of your life.

How an Attorney Can Help

In circumstances involving domestic violence and restraining orders, the role of a restraining order lawyer can be crucial. A skilled restraining order attorney can meticulously analyze the details of your case, provide informed counsel, and represent your interests effectively in court. They can challenge the credibility of the petitioner’s claims, present counter-evidence, and negotiate terms that are more favorable to you. In some cases, they may also be able to help you avoid a permanent restraining order altogether. It’s also important to note that a violation of a restraining order is a criminal offense. If you’re accused of such a violation, having a defense attorney by your side can be critical in minimizing potential penalties or working in an attempt to get the charges against you dropped.  Overall, the guidance of a knowledgeable defense attorney can be invaluable in navigating the intricacies of domestic violence laws and restraining orders.

At Wallin & Klarich, you will never be left wondering what will happen next with your case. Our attorneys will help you through each step of the process, and figure out the best strategy for your case, which will help you get the best possible outcome. Our attorneys at Wallin & Klarich are here to help you. We offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. Call our office today for a free consultation!

Contact Wallin & Klarich Today

If you believe that you may be injured by another person you will want to consult with an experienced restraining order lawyer who can answer all of your questions. Going to court without a lawyer is never a wise decision if your goal is for the court to rule in your favor in a restraining order matter. Our law firm, Wallin and Klarich, has over 40+ years of experience. We have helped thousands of clients win their restraining order cases so they could be protected from future acts of violence. We offer a free consultation. Our legal fees are reasonable and in most cases we offer a convenient payment plan. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. 

Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with one of our skilled restraining order lawyers.

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