What Is Violation Of A Restraining Order?

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January 24, 2022 United States, California, Anaheim 515 S. Harbor Blvd., Suite M 6

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Criminal Defense Lawyer A restraining order against you can impact where you can go and whom you can talk to, making your life more difficult. What's more, you'll face severe consequences should you disobey the order, including potential incarceration and paying fines. That's why you need to contact a criminal lawyer immediately if you're accused of a restraining order violation. At California Criminal Lawyer Group (Anaheim), our experienced and knowledgeable lawyers have successfully represented clients in restraining order matters. We can assist you right away if you've been charged with violating a restraining order in Anaheim, CA. Contact us for a cost-free consultation concerning your case.


 


The Law on Restraining Order Violation


 


california criminal lawyer California 273.6 PC makes it an offense to violate the terms/conditions of any court-issued restraining/protective order. If you are issued with a protective order, it means the court is ordering you to refrain from carrying out any of the activities described in that order. Violating a restraining order forms a basis for your arrest.  Restraining orders could include move-out orders, stay-away orders, and personal conduct orders. A stay-away order dictates a distance that has to be maintained between the victim and the restrained individual (usually about a hundred yards, though accommodations can be made). Stay-away orders can also include restrictions on places the restrained party can visit. For instance, it may prohibit the restrained party from going to or passing near the victim's home or workplace. A personal conduct order usually entails prohibitions against threatening, stalking, attacking, harassing, inflicting physical injury, abusing, or communicating with the person protected. This could include personal types of communication such as making phone calls and sending text messages and communication via social media platforms such as emails, Facebook, Twitter, and Instagram. A move-out order usually requires the restrained person to leave home if they and the victim live together. The most restrictive types of restraining orders are personal conduct orders that restrict communication and stay-away orders. These two orders prohibit the defendant from being near or contacting the supposed victim. Less restrictive restraining orders are granted for several reasons. For instance, a less strict order than personal conduct or stay-away order is granted when the defendant shares minors with the person protected. Clearly, a stay-away or personal conduct order would interfere with the capability of the accused and victim to exchange the children or otherwise co-parent. In a situation like this, the judge usually refers to visitation and custody orders that the family law court issued since these courts are more conversant with the specific family matters. The victim may request the court to issue a less restrictive restraining order. This kind of protective order is commonly called a peaceful contact order. A peaceful order could permit the restrained party to continue contacting the victim over the phone/other electronic gadgets or living with them, provided the contact does not involve intimidation, stalking, threats, violence, and remains peaceful. The kind of behavior that a restraining order will try to forbid will always be based on the specific case’s details and circumstances. It'll provide, outline, and set out the kind of conduct that is acceptable or prohibited. Judges almost always issue a protective order in cases involving violence or whenever there's a credible threat of violence. Again, restraining/protective orders are, in most cases, associated directly with cases to do with domestic violence.


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