Southern California Defense Blog

Restraining orders are the court’s power for keeping two people apart. Whatever the reasons behind them, a violation carries criminal consequences. Even just a call or text can be a misdemeanor, meaning possible jail time and a fine.

If you face accusations of violating a restraining order, the Restraining Order Defense Attorneys at Wallin & Klarich can fight for you. You may have legal options that can reduce or dismiss your charges, but you have to know how to use them. With over 30 years of experience in this field, below we have articulated just a few defenses that may work in a case just like yours. Give it a read and then call us, together we can get through this.

What if I violate the order?

If you look at our Practice Area page on Restraining Orders, we explain to you the various restraining orders that exist. And while each has its own requirements and lengths, violations carry the same basic penalties.

Under California Penal Code 273.6, violating a restraining order is typically a misdemeanor where you face up to one year in county and jail and a fine up to $1000. If the violation results in an injury, the fine doubles to $2000. The maximum jail time stays the same, but there is a mandatory 30 days in jail.

Subsequent violations are “wobblers” meaning they can be prosecuted as felonies or misdemeanors. The penalties depend on the time between violations and if anyone is hurt:

• If you violate the restraining order twice in the same year and someone is hurt, you face a fine up to $2000. If it is prosecuted as a misdemeanor you face jail time between six months and one year. If it is prosecuted as a felony, you face 16 months, or 2 or 3 years of jail time.
• If it is a second violation within seven years that is also violent or has a “credible threat,” you face misdemeanor or felony charges. A misdemeanor conviction carries a jail sentence up to one year. A felony conviction can mean a jail sentence of 16 months, or 2 or 3 years.

What can a lawyer do for me?

In order to convict you of a violation, the prosecutor will have to prove three things:
1. The order is valid;
2. You knew about it; and
3. You intentionally violated it.

Retaining an experienced Restraining Order Defense Attorney is the key to your defense. The penalties for a violation can vary a great deal and the right attorney can affect the consequences dramatically. Our Restraining Order Defense Attorneys will look over your case and determine the right defense in your case. Below are a few defenses that have worked for people just like you.

But I didn’t mean to!

A restraining order violation is an intentional crime. In order to prove you “guilty” the prosecutor must show that you intentionally chose to ignore the order—part three of the definition above. If you broke the order accidentally, you cannot be convicted.

I didn’t even know I had one!

The second part of the definition above is knowledge. The prosecution must prove that you also knew about the order. Depending on the type of order, you might not have known it existed. In some circumstances, the court can order a restraining order without you even knowing it.

Okay, there’s an order, but really? I have to live/work here!

The terms of the restraining order have to be possible. Consider a restraining order demanding you stay 100 yards away from someone. Now say that you live in a cul de sac and his house is the one on the corner. How in the world can you possibly stay 100 yards from him or his house? You cannot. The order is impossible to obey and should not be granted.

These are just three of the defenses we have successfully used in the past. The Los Angeles Criminal attorneys at Wallin & Klarich are ready to help you. When we look over your facts and circumstances, we can make the arguments that can lessen the restrictions or have the restraining order denied. A restraining order is a restriction on you and your freedom. It controls where you go, where you live, play, and work. The experienced Restraining Order Attorneys at Wallin & Klarich have 30 years of experience in these matters. We can bring that experience to your defense. Let us work for you to help ensure your life is not drastically changed.

We have offices in San Bernardino, Ventura, Riverside, Los Angeles, San Diego and Orange County. Call us today at 888-280-6839 or fill out our intake form for immediate assistance. We will get through this together.

A civil restraining order is a court order that can help protect people who have been abused, threatened with abuse, or are being harassed. A civil restraining order is a court order, and does not become a criminal action unless the order is violated.

The most common civil restraining order is a domestic violence restraining order. It is appropriate in circumstances where you and the person you want to restrain are:

1) Married or registered domestic partners
2) Divorced or separated
3) Dating or used to date
4) Living together or used to live together
5) Parents of a child

The other common type of restraining order is a civil harassment restraining order. A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: a person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, AND you are scared or seriously annoyed or harassed.

In California, having the court issue a civil restaining order against you is not equivalent to a criminal conviction. Typically, the consequences of a restraining order are the restriction of movement or behavior of the restrained person, and restrictions on the restrained person’s ability to own and possess a firearm.

However, if a restraining order is violated in California, there are serious criminal consequences. California Penal Code section 273.6 states in pertinent part any intentional and knowing violation of a protective order is a misdemeanor punishable by a fine or by imprisonment in a county jail for not more than one year, or by both fine and imprisonment.

California Penal Code section 273.6 additionally states that “in the event of a violation of the restraining order that results in physical injury, the person shall be punished by a fine or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both that fine and imprisonment.

With the potential for criminal consequences involved in violating a restraining order, the person whom sought the order may seek to maliciously place the restrained person in a situation were the order is violated. For example the protected person may intentional go to places were the restrained person is, or seek to contact the restrained person. With restraining orders allowed to be granted for up to five years by the court, the potential for malicious abuse of the order is a frightening prospect.

The attorneys at Wallin and Klarich have experience in defending people against restraining orders and alleged violations of restraining orders in Ventura County. The best way to avoid facing an allegation of violating a restraining order is to prevent the restraining order from being granted in the first place. However if a restraining order is granted, and you now face a potential violation of a restraining order, it is important to hire an experienced and aggressive criminal defense firm to fight for your freedom.

If you or a loved one has been arrested for violating a restraining order, or are facing the prospect of having a restraining order granted against you, it is imperative you contact our firm. Hiring an experienced criminal defense law firm is the best way to ensure you keep your freedom. Our restraining order defense lawyers are here to help you. We have offices in Los Angeles, Ventura, San Bernardino, Riverside and Orange County. Call us now at 888-280-6839 or go to our website at www.wklaw.com for more information. We will get through this together.

In California, Penal Code section 136.1 authorizes the trial court in criminal case to issue orders which are generally referred to as criminal protective orders. Such orders may include an ex parte no-contact or stay-away order, an order not to intimidate the victims or witnesses, or an order protecting the victim of a violent crime from all contact by the defendant. Such a protective order, however, may be issued only upon a good cause or belief that harm to or intimidation of a victim or witness has occurred or is reasonably likely to occur.

A no-contact order includes phone calls or messages sent to another person. However, it is important to know that the no-contact order does not prohibit an individual from contacting another person through his or her attorney, or an investigator hired by an attorney. Protective orders can last up to five years, but may be revoked sooner at the victim’s request or if the judge feels that the need for the protective order no longer exists. An intentional and knowing violation of a protective order is punishable as a misdemeanor offense for up to one year in a county jail and a maximum fine of $1,000.

If you have been accused of violating a protective order, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-restraining-orders. We will be there when you call.

Restraining orders are civil orders that can be requested by the individuals who believe they are the victims of crime, violence or harassment. The alleged victim must first file for and receive a temporary restraining order, or a TRO. The judge will then schedule a hearing to determine if there is sufficient evidence to grant a permanent restraining order. At this hearing, the court will require a higher burden of proof prior to granting a permanent restraining order.

　

If a restraining order is granted against an individual, it can last for as long as five years. During the period of time that the restraining order is in place, a person will be ordered to surrender any weapons he or she uses or possesses. An intentional and knowing violation of a restraining order is punishable as a misdemeanor for up to a year and a $1000 fine. Repeat violators can be fined up to $2,000. In addition, a violation of a restraining order by a person who is placed on probation will likely result in his or her probation violation.

If you have been accused of violating a restraining order, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-restraining-orders. We will be there when you call.

Restraining orders are court orders that prohibit one person from contacting another person. In the state of California, there are various types of restraining orders.

1. Emergency Protective Order (EPO) – This type of restraining order goes into effect immediately but is not long-lasting. It is generally used in domestic violence instances and gives a person time to apply for a permanent restraining order.


2. Temporary Restraining Order (TRO) – This type of restraining order also is not long-lasting. The order is typically in force for up to a month. This order goes into effect once a person has actually applied for a restraining order.


3. Permanent Restraining Order – This type of restraining order goes into effect after a court hearing has taken place and can be in force for typically 3 or 5 years. This type of order can also be extended if a threat still exists.

Continue reading "Restraining Orders in California" »

A 45-year-old Orange County man was sentenced to 17 years imprisonment for possessing homemade explosive devices with the intent to kill his former wife, her divorce attorney, the family court judge and Huntington Beach Police Department officers. The Costa Mesa resident was ultimately charged with a laundry list of offenses, 15 felony counts in all, including stalking, possession of a destructive device with intent to injure, possession of a homemade deadly weapon and possession of a loaded firearm in public.

The convicted man had been married to his wife for 14 years before they were divorced in 2007. The estranged wife then gained sole custody of the couple’s two children, ages 11 and 13, and eventually kicked him out of their home. In recent months it was reported that the man’s spousal and child support payments had substantially increased.

In April 2008, the man was placed on probation after pleading guilty to four misdemeanor violations of breaking a domestic violence restraining order. Several months later, authorities accused him of making threats against his wife and her divorce lawyer. Authorities later pulled the suspect’s car over in a traffic stop on the Garden Grove Freeway and recovered handcuffs, pepper spray, throwing knives and a stolen 9-millimeter firearm with its serial numbers removed.

Continue reading "O.C. Man Sentenced to 17 Years for Making Threats to Wife and Family Law Judge" »

The Devastating Ramifications of Having a Restraining Order Granted against You: Why You Need a Qualified Restraining Order Lawyer

The consequences of having a California restraining order granted against you can be severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order law firm to come to your defense. If you do not hire a law firm to defend you it is much more likely that the restraining order will be granted against you. If the restraining order is granted against you all of the following consequences may occur:

• The restraining order will likely be filed with the California Law Enforcement Telecommunications System which means if a law enforcement officer stops you, the restraining order will show up on your record for up to 5 years.
• If there is a restraining order violation you could face up to $1,000 in fines and up to one year in jail.
• The restraining order can be enforced against you anywhere in the State of California by any law enforcement agency that has been notified of your restraining order.
• The court may order that you are excluded from your place of residence due to the granting of the restraining order.
• Your ability to travel may be restricted.
• You may be required to attend and complete a 52 week anger management or batterers program which is both time consuming and costly.
• If the restraining order includes your minor children then this will impact the amount of time you can spend with your children and will likely mean your child support obligation will be increased.
• You will have to immediately surrender any firearms that you own or that you may have in your possession.
• If a domestic violence restraining order is violated the court may order that upon request, the person who receives the restraining order be allowed to tape record all conversations with the person who has the restraining order granted against them.

When facing a restraining order hearing you will want to have an experienced restraining order law firm fighting for you. There is too much at stake to go to court without an experienced Los Angeles restraining order defense attorney. If you decide to not retain a lawyer to help you will likely regret it for years to come.

Please feel free to contact Wallin & Klarich for a free consultation. The attorneys at Wallin & Klarich are available twenty-four hours a day, seven days a week to answer your questions. You can reach us at (888) 280-6839 or visit our website at www.wklaw.com for more information.

The consequences of having a California restraining order granted against you are severe. If a restraining order is filed against you, it is of the utmost importance to retain the services of a qualified restraining order attorney in California to make sure that the restraining order against you is not granted. If you do not hire an attorney, it is much more likely that the restraining order will be granted against you which could result in one or all of the following devastating consequences:

• The restraining order will likely be filed with the California Law Enforcement Telecommunications System which means if a law enforcement officer stops you, the restraining order will show up on your record for up to 5 years.
• If you willfully and knowingly violate the restraining order, you could face up to $10,000 in fines and possible jail time.
• Restraining orders can be enforced in any place in the state by any law enforcement agency that has been notified of your restraining order. This means you are at risk of violating your restraining order almost anywhere you go.
• Impact on your child support payments. It is likely that the restraining order, if granted, will require your child support payments to be increased.

These are not the only negative consequences that can come from having a restraining order granted against you. Restraining orders can also restrict you from doing any or all of the following:

• Participation in 52 week batterers programs which not only are extremely time consuming, but also equally as expensive.


• No ownership or possession of firearms


• Limited or no contact with the party who filed the restraining order or any children involved. This includes all communication including cards or emails.

With such severe consequences stemming from a restraining order being granted against you, it is extremely important to hire an experienced Los Angeles restraining order lawyer that can fight for you so that a restraining order is not granted against you.

Wallin & Klarich has been handling restraining orders for over 30 years and have many attorneys to work on your case. You need a restraining order attorney to fight for your freedom aggressively and competently. Call Wallin & Klarich anytime at 1-800-749-0034 and talk to an attorney that will be able to correctly handle your restraining order matter today. Also visit our website at www.wklaw.com for additional information.