Not only does getting arrested for domestic violence lead to jail time, but the alleged victim can file a restraining order against the alleged offender. Also known as a protective order, a restraining order is designed to prohibit the defendant from making contact with the alleged victim and his/her family members or visiting the victim’s home, workplace, school, or any other place he/she normally frequents.
Purposefully or willfully disobeying a restraining order in California is a serious offense. In order to be convicted, the prosecution must prove that (1) a protective order was lawfully issued by the court, (2) the defendant was aware of the court order, (3) the defendant was capable of following the order, and (4) the defendant intentionally violated the order.
In most cases, violating a restraining order is a misdemeanor, which carries a maximum jail term of one year and a fine no more than $1,000. However, if a defendant has previously been convicted of a violating a protective order or the violation involved violence, it can be charged as a felony, punishable by imprisonment for up to three years and a maximum $10,000 fine.
If you have been accused of violating a restraining order in Newport Beach or Orange County, our team at Corrigan Welbourn Stokke, APLC can provide an effective and personalized legal defense. We understand that these types of cases are emotionally charged and based on he-said, she-said accounts, which is why we can investigate your case and gather supporting evidence to get the best possible outcome in court.
Common legal defenses to violating a restraining order include:
You didn’t intentionally violate the court order
You didn’t know about the order
The allegations against you are false
Contact Corrigan Welbourn Stokke, APLC today at (949) 251-0330 and schedule a free consultation. Get more than 100 years of combined experience to help you.