What does it mean to violate a restraining order?
Penal Code 273.6 states that it is a crime to violate the terms or conditions of a restraining order. A restraining order is a court order meant to protect someone from harassment, physical abuse, stalking, or threats by a specific person. Restraining orders generally include refrainment of any contact with the protected person such as personal contact, phone calls or text messages, emails, social media interaction, or any surveillance.
Types of Restraining Orders
There are 4 types of restraining orders that are issued by the court:
- Domestic Violence – These are issued to help protect someone from abuse or threats of abuse from someone they have a close relationship with.
- Civil Harassment – These are issued to help protect someone from violence, stalking, serious harassment, or threats of violence. It cannot be used to restrain a spouse/partner or former spouse/partner, someone from a previous dating relationship, or a close relative. A civil harassment restraining order can be used against a neighbor, a roommate, a friend, a family member that is more than 2 degrees removed, or other people not related.
- Elder or Dependent Adult Abuse – Protects elderly people from physical or financial abuse, neglect or abandonment, physically or mentally harmful treatment, deprivation of basic things or services needed to not suffer physically, mentally, or emotionally. These can only be used by people 65 or older or by anyone 18-64 that have certain mental or physical disabilities preventing them from being able to do normal activities or protect themselves.
- Workplace Violence – Protects employees from suffering unlawful violence or threats of violence at the workplace.
“My husband and I have really had our ups and downs these past four years and it was helpful to watch your poignant YouTube video a few months ago where you described a story about never wanting to leave your clients behind. We appreciate that, believe me, as this whole journey has been unbelievably hard. Thank you for your continued support as we approach what will hopefully be the final chapter of my husband’s journey. I am hoping for the best of all outcomes.”
“After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.”
“Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son’s pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!”
“He is an amazing lawyer, I had a near impossible felony case and he helped me bring it down to a misdemeanor. Amazing personality and a kind human being!”
“I highly recommend Mark Broughton. His expertise, professionalism, and empathy in our complex case gave us the feeling of confidence. I cannot begin to show or say how much we are grateful to you. Mark Broughton, you are truly an Angel in disguise. Again Thank You!”
“I was charged with 2 felonies and was at risk of jail time, losing my job and my children, basically my entire life. Mark worked closely with me and… I was able to plead no contest to 1 misdemeanor.”
“I am forever grateful for what Mark has done for my me and my family.”
“Thank you Mark… for the excellent work you all did on my son’s cases and the on-going support you all showed my family and myself through this very difficult time in our lives.”
Get Legal Help Today!
Emergency Protective Orders (EPO)
An Emergency Protective Order is usually given when someone is in danger of domestic violence. They are issued immediately by a judge that is “on-call” and are valid for 7 days. After the 7 days are up, a temporary or permanent restraining order will need to be in place to protect the individual.
Temporary Restraining Orders (TRO)
Temporary Restraining Orders usually last 2 or 3 weeks. They are issued when an Emergency Protective Order expires or when someone is a victim of harassment. Before a Temporary Restraining Order expires, a hearing will usually be held to possibly issue a permanent restraining order.
Permanent Restraining Orders (PRO)
A Permanent Restraining Order will be put in place if the person applying for the restraining order needs extended protection. The judge hears from the person applying for the restraining order and the person that is being restrained. The judge will then decide whether or not to issue the restraining order, what to include in the order, and how long it will last. A Permanent Restraining Order can last up to 3 years and can be extended if needed.
Penalties for Violation of Restraining Order
Violation of a restraining order is generally a misdemeanor. The penalties include:
- A maximum fine up to $1,000
- Up to one year in a county jail
In addition, a judge could require any of the following:
- Mandatory counseling such as anger management, domestic violence classes, or substance abuse classes
- Restitution to the victim for any counseling or medical expenses
- Payment to a battered women’s shelter
Violation of a restraining order can become a wobbler, meaning it can be charged as a misdemeanor or a felony, when it is the second violation within 7 years or the victim suffers a physical injury. If charged as a felony, the penalties can include:
- Felony probation
- Up to 1 year in a county jail
- 16 months, 2 years, or 3 years in a California state prison
- A maximum fine up to $10,000
Have you been legally accused of violating a restraining order? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.
Get Legal Help Today.
Your Defense Attorney for Violation of Restraining Order Charges
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Crimes such as Assault, Great Bodily Injury, Domestic Violence, and Aggravated Assault to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
- Federal Crime 40%
- White Collar Crime 20%
- Violent Crime 20%
- Criminal Defense 10%
- Sex Crimes 10%