Riverside Restraining Order Violations Lawyer
If you’ve been served with a restraining order or violated a restraining order, our award-winning Riverside criminal defense attorney can help. Restraining orders are criminal protective orders and court-issued mandates, meaning violations typically come with steep legal punishments- it doesn’t matter if you’re violation consists of stalking or sending a simple text message. To defend you, you need the help of an experienced restraining order attorney in Riverside- Graham D. Donath has decades of experience defending such cases with an impressive success rate. Call today to schedule your free consultation.
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What Is A Violation Of A Restraining Order Or Protective Order In Riverside?
Violation of a restraining order is the common charge filed against someone accused of violating a domestic violence protective order.
To prove that a defendant is guilty of a violation of a restraining order, the prosecutor must prove five things:
A court lawfully issued a written order that the defendant refrain from some type of action
- The court order was a protective/stay-away court order in a pending or past criminal proceeding involving domestic violence, elder abuse or dependent adult abuse
- The defendant knew of the court order
- The defendant had the ability to follow the court order
- The defendant willfully/intentionally violated the court order.
There are several different subdivisions to a violation of a restraining order, labeled under Penal Codes, which we can discuss in a free consultation.
If you have questions regarding a violation of a restraining order, contact Riverside, California Attorney Graham Donath at 951-667-5293. Let him answer your questions.
Defense Strategies for Violating a CA Restraining Order
First and foremost, the prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, a violation of a restraining order defenses falls into one of four categories.
- False Allegations
- False allegations are VERY common in all domestic violence cases. Because emotions are very high in romantic relationships, people will often do crazy things to hurt or punish the other person….including tell false stories to the police. In divorce or child custody situations, parties will often make false allegations of domestic violence to gain the upper hand. Even without a pending divorce or custody battle, false domestic abuse allegations are sometimes made to gain control over the other person.
- A good defense will attack the credibility of the false accuser and make clear to the prosecutor and Judge (and ultimately the Jury, if the matter goes to trial), the motives to fabricate on the part of the accuser.
- Accident
- The prosecutor has to prove that the violation was willful and unlawful. True accidents, therefore, wouldn’t qualify. However, before asserting an accident defense, it’s important to recognize that the accident has to be reasonable and believable to a jury.
- Knowledge
- In some situations, the fact that you didn’t know about the restraining order would be an absolute defense to a PC 273.6(a) charge.
- Invalid Order
- Occasionally, a Judge may not follow the law in issuing a protective order. In those situations, if the underlying protective order was not issued lawfully, then that fact is a defense to a violation of the restraining order charge.
Restraining Orders in Domestic Violence Cases
Since the O.J. Simpson case, California courts have steadily increased the punishment given to individuals convicted of domestic violence-related charges. Jail time, 52 weeks of anger management, spousal battery classes, crippling fines, community service, probation, restraining orders, restitution, potential lifetime ban from owning or possessing firearms, loss of child custody or parental rights, and even potential prison time are among the many serious repercussions that could result from a conviction of a domestic violence charge. This is why it is imperative to talk with a Riverside domestic violence lawyer.
Increasingly, prosecutors have expanded the types of charges filed against individuals who are accused of being involved in some type of wrongdoing in the home or with the family. We offer aggressive representation in the following practice areas:
Many of the potential domestic violence or domestic violence-related charges are considered serious or violent charges, subjecting you to California’s Three Strikes sentencing scheme. Many of these laws are particularly complicated and require the skills and experience of an aggressive and knowledgeable attorney who has the expertise to handle your matter effectively. Hiring the right criminal defense attorney could mean the difference between a lifetime in prison and going home in time to sleep in your own bed.
Penalties for Violating PC 273.6, a Domestic Violence Restraining Order
In Riverside, California, Violation of a Domestic Violence Restraining order can be charged only as a misdemeanor. However, PC 273.6(d) and PC 273.6(e) can be charged as either a misdemeanor OR a felony.
273.6(b) Conviction:
If charged and convicted for violation of a domestic violence restraining order, you could face up to a year in jail (with a mandatory minimum of 30 days, 3-5 years of probation, a 52 week domestic batterer’s program, community service, a restraining order, fines, and a 10 year state prohibition on firearm ownership and possession.
PC 273.6(d) or PC 273.6(e) Felony Conviction:
As a Felony, you could face either 16 months, 2, or 3 years in State Prison.
If granted probation, in addition to jail time up to a year [minimum of 180 days jail for a 273.6(e) conviction], you will be required to complete a 52 week domestic batterer’s program and community service, be subject to a restraining order, owe hundreds to thousands of dollars in fines, and will be prohibited from owning or possessing firearms or ammunition for life.
Ultimately, a domestic violence conviction can be life-altering. On top of the direct consequences of a conviction, the collateral consequences can be devastating. A conviction can impact the course of divorce proceedings, affect your custody rights, cost you your employment, and cost you your reputation.
If you or a loved one is facing charges for violating a restraining order, contact our Riverside criminal defense attorneys, APC for superior representation that gets results. You’ll meet directly with Mr. Donath who will listen to your side of the case and outline the best course of action to restore your reputation and secure your freedom.
