If you are a victim of domestic violence and you want your abuser to leave for good, you should seek a permanent restraining order (PRO). The purpose of a PRO is to continuously protect victims from threats, physical harm, harassment, or stalking. Judges usually issue PROs against family or household members, but they can also apply to anyone who poses a threat to a victim’s family member.

Protective orders stop the restrained person from contacting the victim through phone calls, texts, emails, or social media. They also prevent indirect communication, such as having someone else send messages to victims.

At Monterey Criminal Attorney, our attorneys are knowledgeable about different restraining orders and how the court handles these issues. We have a long history of successfully representing clients in restraining order cases and can help you, too. If you want to file for a PRO or someone has filed one against you, contact us immediately for legal guidance.

An Overview of Permanent Restraining Orders

In California, a Permanent Restraining Order, or PRO, is a court order designed to permanently keep someone safe from threats, harassment, abuse, or violence. The person who asks for the order is called the “petitioner,” while the person who responds to the request is known as the “respondent.”

Permanent restraining orders are the strictest type in California and carry serious consequences. If someone is harassing you, you can ask a judge for a permanent restraining order, but you must meet specific requirements before the court can hear your case. These requirements include providing credible evidence that shows a continuous pattern of abuse from the respondent.

Unlike other restraining orders in California that may protect you from workplace harassment, domestic violence restraining orders protect you from people you have close relationships with, whether by choice or family ties. These orders apply to the most personal relationships the victims have.

Abuse Under California Law

To determine whether the individual you wish to obtain a restraining order against has abused you, the judge will evaluate if your account of the abuse aligns with California’s domestic abuse laws.

According to California law, abuse could be sexual or involve intentional physical harm, as well as any damage resulting from reckless behavior. Even if you did not suffer bodily injury, an attempt to inflict harm is considered abuse. The same principle applies to threats; your abuser does not need to have physically harmed you for you to qualify for a domestic violence restraining order.

Abuse also involves threatening behaviors such as stalking, harassment, or property damage. You can also seek a restraining order if your abuser has disturbed your peace. If your abuser has engaged in any of these behaviors, you likely have a valid case.

Types of PROs

California courts can issue different types of PROs. Every permanent restraining order has a different function. These orders fall into four main categories:

Domestic Violence Protective/Restraining Orders

A domestic violence restraining order, or DVRO, protects individuals from abuse or violent acts by someone they are closely related to. Eligible individuals for filing a DVRO include spouses, significant others, registered domestic partners, cohabitants, former significant partners, and former spouses. Minors aged twelve and older can file for a DVRO independently, or someone can file on their behalf.

Civil Harassment Restraining Order

These orders are usually requested when the person involved does not qualify for domestic violence restraining orders. People often file them against roommates, extended family, neighbors, or coworkers. Petitioners can also seek these orders in cases of battery, assault, or stalking or when there is a credible threat of violence.

Workplace Violence Protective Orders

Employers can seek these orders to protect their workers from workplace threats or acts of violence.

The protective order will specify the behaviors it prohibits. It will include rules to prevent the respondent from contacting a protected person, such as:

  • Maintaining a certain distance from the alleged victim
  • Prohibition from calling or texting the protected individual
  • Avoiding any form of communication with them

Elder or Dependent Adult Restraining Orders

These ROs can be requested by individuals aged 65 and older or those aged 18 to 64 with physical or mental disabilities. Dependent adults or elderly people who experience neglect, abuse, or harmful treatment can apply for this type of restraining order.

Not following any rules in these protective orders against you could lead to charges for violating a restraining order under California Penal Code (PEN) 273.6. No matter what kind of restraining order the alleged victim has filed; you should seek help from a knowledgeable lawyer to understand the provisions of the court orders.

Conditions for Receiving a PRO

To have your request for a PRO reviewed in California, the individual you seek protection from must have a specific relationship with you and have engaged in certain actions. Here are the requirements for a California judge to consider your situation:

  1. The person you want the restraining order against must have either abused you or threatened to do so.
  2. You need to have a close relationship with this person. California defines a close relationship as:
  • Partner or spouse
  • Current or former boyfriend or girlfriend
  • Ex-partner
  • Coparents
  • Current or former cohabitant
  • A close family member (parent, sibling, child, grandparent)

If the person who has abused you meets these criteria, you can apply for a permanent protective order. If not, you may still be eligible for other types of restraining orders in California, and you should speak with your attorney for more information.

How The Court Serves Permanent Restraining Orders

When the court grants a protective order (PRO), the court schedules a hearing with a specific date and time. Once the court schedules a hearing, it must deliver the restraining order documents to the restrained person (the respondent). This delivery ensures the respondent knows the alleged victim has submitted a court case against them.

The protective order documents usually include details about the request made by the petitioner, the date and time of the hearing, and any other supporting documents the petitioner has submitted to the court. After receiving the documents, the accused has 10 to 20 days to respond to the petitioner’s claims before the hearing.

The court cannot issue PROs if the accused has not received the protective order documents. A police officer or process server is responsible for delivering these documents. Therefore, the court order cannot be sent by mail.

Violation of Permanent Restraining Orders

If the court issues a protective protection order against you, not following its rules can lead to serious consequences under PEN 273.6. However, the court must confirm that you disobeyed the PRO. This hearing will happen during a special court session for protective order violations.

In this proceeding, the prosecution needs to prove several points for a judge or jury to convict you and impose a sentence:

  • The court has issued a permanent restraining order against you.
  • You knew that a PRO was in place and understood its terms. The prosecutor does not need to prove that you read the entire order; they just need to show that you knew the terms.
  • You could follow the protection order. A PRO should be reasonable and not unfairly restrict your freedom. If the conditions make it impossible or hard for you to comply, you can challenge the order by engaging a skilled restraining order lawyer.
  • You intentionally disobeyed a PRO. For the judge to conclude that you violated the terms, the prosecution must show that you knew them and chose not to obey them. An accidental violation or mistake is insufficient for a conviction under California PEN 273.6.

Consequences of Disobeying a Permanent Protective Order

If the court finds that you violated the protective restraining order (PRO) terms against you, there could be criminal penalties. According to PEN 273.6, breaking a permanent restraining order is a wobbler, which means the prosecutor can charge it as either a felony or a misdemeanor. The type of charge you face will depend on the criminal file and case details.

If convicted of a misdemeanor for violating the PRO, you could face:

  • Up to one year behind bars
  • A fine of up to $1,000

A felony conviction for the same violation could result in 16 months to 3 years behind bars and a fine of up to $10,000.

The judge will consider additional factors when deciding a punishment for disobeying the PRO. These factors include any past violations of restraining orders and whether the accused caused harm to the victim. For example, if your actions injure the protected individual, you may have to spend at least thirty days in jail.

You might be eligible for probation if you are found guilty of a permanent restraining order violation. While on probation, the judge expects you to obey all laws, including minor traffic offenses. You will also need to meet several requirements, such as:

  • Paying the alleged victim for medical expenses related to the offense or donating to a shelter for battered women.
  • Attending mandatory counseling sessions.
  • Compensating the victims for any costs resulting from your actions.
  • Completing community service.
  • Regularly meeting with the assigned probation officer.

If you do not follow these conditions, a judge could revoke the probation sentence, and you may have to serve the maximum jail time allowed by law.

Owning Firearms While Under a Permanent Restraining Order

If a judge issues a protection order against you, it is illegal to own, buy, possess, or acquire a firearm in any way. If you have any firearms, the courts could order you to surrender them to local police or sell them to a licensed dealer to follow the PRO.

If you knowingly possess or buy a firearm while a PRO is still in effect, you could face serious criminal charges under 29825 PC for violating a restraining order. This offense is classified as a wobbler offense. If found guilty of a misdemeanor, you could be fined up to $1,000 and face up to one year behind bars. Felony convictions could lead to three years in prison and a one-thousand-dollar fine.

Ways to Defend Against PRO Violation Charges

You should immediately contact a skilled defense attorney if someone accuses you of violating your PRO. An experienced restraining order lawyer knows the most suitable defense arguments for these accusations and can help you present your case. Here are some defenses that lawyers often use for PRO violation allegations.

It Was Hard Following the Court Order’s Conditions

Sometimes, a judge sets terms in a protective order (PRO) that are hard or impossible for the person to follow. If you cannot meet those terms, you are not at fault for breaking them.

For example, if a judge orders you not to use a specific road that goes through the victim’s neighborhood, but that route is the only way to head home, it would be unreasonable to expect you to cease using it. If you cannot reach the highway without using that road, the judge should recognize that you cannot follow that part of the permanent restraining order.

In such situations, your attorney can seek the dismissal of the charges and ask for changes to your PRO terms.

The Court Issued a PRO Illegally

For a judge to convict you for violating a protection order, the prosecutor must prove that it was issued correctly. Your lawyer might argue that your PRO is illegal because the court lacked the authority to issue the order or the information used to support it was false or misleading.

If the court issued a PRO based on incorrect or misleading information or the judge did not have the proper authority, the PRO could be considered invalid. In this case, you will not need to follow the provisions of the permanent restraining order.

You Were Unaware

For a judge to convict you of a restraining order violation, the District Attorney must prove you were aware of the PRO against you. If you were unaware of the restraining order, you cannot be found guilty of intentionally violating it.

This defense applies if you were unavailable when the court issued a PRO. Your attorney can show that you were unaware by demonstrating you did not receive notice of the PRO. For example, if the court mistakenly delivered the PRO to someone else, it should not hold you accountable for a violation.

You Did Not Intend To Break The Rules

For the court to convict you of violating a PRO, the District Attorney must demonstrate that you intentionally broke the order. Therefore, you can argue that you accidentally or unknowingly violated the court order.

How can someone accidentally violate a protective order (PRO)? Consider this example: the PRO requires you to stay at least 100 yards from the victim. If you go to a grocery store and unknowingly meet the victim, the judge should not convict you of breaking the PRO because your proximity to the victim was not intentional.

False Allegations

If someone wrongly claims you broke a protective order (PRO), you should contact an attorney to defend you. False claims about PRO violations typically happen in heated divorce or child custody situations. The person seeking protection might falsely say that the restrained individual violated a PRO for revenge or to gain an advantage in the custody battle.

Violating a Restraining Order

A restraining order violation occurs when the person it is against breaks the rules set by the order. For this to count as a violation, the person must know about the restraining order and its conditions.

Additionally, if the judge made mistakes while issuing the restraining order, actions that seem like violations may not be considered as such. The court should also evaluate the person to ensure they follow the order’s rules. If they are not mentally fit, the judge may decide whether an action is a deliberate violation.

Crimes Linked to Violating a Permanent Restraining Order 

The prosecutor can charge you with additional crimes alongside violating a protective order. These related crimes include: 

Criminal Threats

The provisions of California PEN 422 define criminal threats. The threat should be clear and specific to face charges for this crime. You could be guilty if you threaten to kill or physically harm someone. Your threat should cause the victim to feel severe fear.

Other crimes linked to breaking a restraining order include vandalism, stalking, and contempt of court.

FAQs About Permanent Restraining Orders

Many people have questions about Permanent Restraining Orders (PROs). Here are some of the commonly asked questions:

Can My Employer See If There Is a Permanent Restraining Order Against Me?

A PRO is a public record, so anyone can find this report if they know where to look. However, the depth of background checks individuals and employers conduct can vary based on what they want to learn.

Luckily, permanent restraining orders are not criminal records. Therefore, it will not appear in background checks focusing only on criminal history. Also, civil PROs are less likely to be included in these checks since most employers do not look into family or civil law records. Still, no law prohibits employers from checking PRO information if they choose to.

While PROs do not appear on background checks, breaking a permanent restraining order is a crime, and the conviction for this can appear in background checks. If you disobey a PRO and face conviction, employers can see that conviction, which might make it harder for you to find a job.

What Should I Do If a Protected Individual Tries To Reach Out To Me?

If a protected person attempts to reach out to you, remember that the terms of the protective order (PRO) likely forbid you from contacting them. You should avoid communicating with the protected victim, even if they initiate it. A Permanent Restraining Order limits your actions, not those of the protected person. If you break these rules, you could face legal consequences under California PEN 273.6.

If a protected person wants to remove the restraining order, they should ask the court for permission. Do not contact the victim in any way until you confirm that the court has formally withdrawn the order.

Should I Ignore a PRO I Believe Is Not Valid?

You should not ignore any court-issued PRO. Follow all court orders, even if you think they are not valid. Ignoring a court order can lead to serious legal issues.

If you suspect someone obtained a PRO using false information or failed to serve it properly, contact an experienced restraining order lawyer. They can guide you in handling the situation without breaking the protection order.

Will I Have to Leave My House If There Is a Protection Order Against Me?

The conditions of the protection order against you require you to keep a certain distance away from a protected person. Therefore, if you both live in the same place, one of you has to move out as long as the protection order is in effect.

Who Can Terminate a Permanent Restraining Order?

Only the courts have the power to revoke or terminate a PRO. However, you can ask a judge to remove a protection order against you. Your attorney should show that you do not pose a threat or danger to a protected person so the judge can approve your request. The protected person can also ask the court to revoke the protection order if they feel it is no longer necessary. They could do this by submitting a motion.

Contact an Experienced Monterey Criminal Defense Lawyer Near Me

The process of seeking a PRO in California can be challenging emotionally. However, having skilled professionals manage the legal aspects of your case can provide the relief you need. Whether someone is trying to secure a permanent restraining order against you or seeking one against someone else, you should hire California attorneys with experience dealing with permanent restraining orders.

At Monterey Criminal Attorney, our lawyers specializing in restraining orders have many years of experience successfully handling restraining order lawsuits. We are here to provide you with legal guidance and a strong defense strategy. Call our law office today at 831-574-1791 for a free consultation about your situation.