This type of order is frequently used for domestic violence cases and a judge may issue it to protect the victim from further acts of violence. Normally, a law enforcement officer who responds to the incident scene will ask for an EPO. This protective order merely lasts for one week but can be changed to one of the other, more long-term, orders after its conclusion.
A PRO is a serious matter and can substantially restrict your liberty. Therefore, the court performs a hearing so both sides may present their cases. The judge will weigh the information and make a decision based upon the evidence. A PRO benefits the protected rather than the restrained. If you have been issued papers restricting your rights to communicate or travel freely, you should seek the counsel of a skilled attorney to plan your defense.
If approved, a TRO will be enforced until the conclusion of the criminal case. If you are accused of a restraining order s violation in Los Angeles, it is helpful to understand that according to California law section When a person violates a restraining order to stay away from another person, they will be required to see the judge.
Your lawyer can apprise you of your options and whether your charges could be reduced to a misdemeanor offense or dropped altogether. If an individual violates certain terms of a restraining order he or she will be committing a criminal offense.
Violating a domestic violence order or civil harassment restraining order can result in far-reaching consequences. A first violation is usually treated as a misdemeanor. But, if the protected person was hurt, the restrained person may be arrested and set to serve no less than 30 days in jail in addition to other penalties. Every subsequent restraining order violation in California within seven years of the first one can also be charged as a felony.
Whether or not you believe you deserve it order or are guilty of violating a restraining order, you should immediately contact a qualified attorney to learn what defense options are available to you. Many aggressive individuals will intentionally violate a restraining or protection order.
Law enforcement takes threats of violence or assault from a restrained person very seriously, as it indicates immediate danger to the protected person who initially asked for help.
If you are deemed a credible threat of violence, or you violate the order after hearing the verdict, you must seek the service of a reputable law firm to defend your case. Whether it is a civil harassment restraining protection order or one protecting against domestic violence, the Law Office of Valery Nechay will aggressively dispute the claims that:.
Suppose there is no proof of service, indicating you were unaware of the civil or domestic violence restraining protection order, or the prosecutor fails to prove any of the elements mentioned above. Or email a question about your own legal problem to a lawyer.
Fill out a A application on your phone or computer. What happens if the person who abused me violates the order? Show Endnotes Hide Endnotes. What happens if the abusive person does something against the A restraining order? Getting Back Together? Feedback Was the page helpful? Easy to understand? Complete with enough details? Please tell us why you did not find this helpful.
It does not answer my question. It is wrong. It is out of date. It is too much to read. It is confusing. For example, if the order prohibits the person from having any physical contact with the victim, but the person subsequently slaps the victim, the person may be charged with both the crime of violating the protective order and the crime of assault. Other states carry similar penalties—a first violation typically carries misdemeanor penalties and repeat offenses or offenses involving a weapon might carry felony penalties.
Restraining orders typically contain provisions forbidding the restrained person from possessing firearms. A violation of a firearm restriction may subject that person to not only state charges for violating the order but also federal charges.
Federal law forbids firearm possession by anyone who is under a court order that prohibits the person from stalking, harassing, or threatening an intimate partner or the child thereof or acting in a way that places the partner or the partner's child in reasonable fear of being harmed.
Although a person who violates a restraining order by possessing a firearm might only face a misdemeanor state charge, federal law carries the possibility of more severe punishment. A person who violates the federal law prohibiting a person under a restraining order from possessing a firearm faces up to ten years in prison and a fine. Regardless of the type of order involved, you should consult an attorney if you are accused of violating a restraining order.
Whether you are facing a charge of contempt and a fine or are charged with a crime for violating a restraining order, an experienced attorney will work to produce the most favorable outcome.
An attorney should also protect your rights and provide invaluable guidance until your matter is resolved. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Market Your Law Firm. Lawyer Directory. Call us at 1 Violation of a Restraining Order. Several kinds of restraining orders exist. Violating some will lead to civil liability, while violating others can result in a criminal conviction. Contempt of Court, Fines, and Incarceration A violation of some types of restraining orders can result in a charge of contempt of court and the imposition of civil penalties such as civil fines.
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