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Articles Posted in Restraining Orders

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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 canstockphoto10492514.jpg
    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.

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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? (PC 273)

restraining order violation attorneyUnder 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 $2,000. 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 $2,000.
  • 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.

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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.

Restraining%20Order%20Violation%20Defense%20Lawyers%20888-280-6839.jpgThe 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

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takenIn 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.

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OLYMPUS DIGITAL CAMERARestraining 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.

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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.
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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.

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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.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.