A restraining order is generally understood to protect people from abuse. You should understand all its aspects, whether you or someone you care about needs protection or you are accused of violating it. In California, the courts can issue different protective orders to handle domestic violence, harassment, elder abuse, and threats at work. Every order includes certain restrictions, such as not being allowed to contact the other person, keeping a certain distance, and not possessing firearms. Breaking these rules can lead to criminal charges.

If you are accused of violating a restraining order, you want to hire an experienced criminal attorney. At Monterey Criminal Attorney, we can review your case and build suitable legal defenses. We will explain California’s protective order system, such as the various restraining orders, how a victim obtains one, how violations are handled, and the possible penalties for not following the order. With this knowledge, you can fight for your rights if you are accused of breaking a restraining order.

Types of Restraining Orders

California provides various restraining orders designed for different types of relationships and situations. If abuse or threats happen at home, between friends, to an older person, or at work, you should choose the correct order to handle your situation. It is essential to understand these differences since each order has its own rules, procedures, and legal outcomes. You will find a detailed description of each main category below.

Domestic Violence Restraining Order (DVRO)

You may apply for a domestic violence restraining order if you and the alleged abuser have or have had a close relationship, such as being current or former spouses, having a child together, dating or ex-dating, living together, or being close relatives, such as parents, siblings, or in-laws. Sometimes, a child can be specifically mentioned as a protected party if they are at risk of abuse from the respondent.

You or your lawyer has to prove that the accused has hurt you, threatened to harm you, or caused you to fear immediate danger to get a DVRO. A judge may immediately give a temporary restraining order if the petition and supporting statements show a threat. You do not have to attend the first hearing; your lawyer can handle the filing and represent you.

When a DVRO is issued, the California Law Enforcement Telecommunications System (CLETS) instantly informs law enforcement. After that, officers are required to make sure the order is followed. A person cannot be held responsible in court until they are personally served with papers. It ensures they know they cannot go to their homes, workplaces, schools, or any other places named by the court. If these conditions are broken, the person may be arrested and charged with a crime immediately.

Civil Harassment Restraining Order (CHRO)

If you are being harassed, stalked, threatened, or physically harmed by someone who is not a close friend or relative, such as a neighbor, roommate, coworker, friend, distant relative, such as a cousin, aunt, or uncle, or even a stranger, you can apply for a civil harassment restraining order. If, on the other hand, your relationship with the respondent is considered a DVRO, such as a dating partner, you must apply for domestic violence protection.

Harassment, as defined in Code of Civil Procedure 527.6, is unlawful violence, such as assault or battery, credible threats of violence, or any repeated behavior directed at a person that seriously bothers or upsets them and does not serve a legitimate reason. The behavior must be so severe that a reasonable person would experience a lot of emotional distress, and it must also cause you to feel significant emotional distress.

A CHRO may prevent the restrained person from contacting, harassing, or threatening you; require them to stay away from your home, workplace, or school; ask them to leave a place you both live; and forbid them from having firearms. If the court believes there is a good reason, it can also add members of your household to the protection order.

To request a CHRO, you must complete and submit the necessary court documents. If you show you are in immediate danger, the judge can issue a temporary restraining order until the full hearing. After filing, the defendant must receive paperwork detailing the requested restrictions.

At the hearing, you and the respondent can give evidence and speak, and the judge will decide if a permanent order should be given. After being appointed, a CHRO can serve up to five years and may be extended if requested.

Elder or Dependent Adult Abuse Restraining Order

California understands that elders and dependent adults are more likely to be abused because of their age or health. Regardless of age, anyone admitted to a 24-hour health facility, such as a hospital or nursing home, is considered a dependent adult. If you fit these requirements, you can file for an elder or dependent adult abuse restraining order when there is proof of physical abuse, neglect, financial abuse, abandonment, isolation, or deprivation. 

They can happen in your home, at a care facility, or online. After you ask for this type of order, a judge may stop the abuser from contacting you, require them to keep a certain distance, make them move out if you live together, order them to attend counseling or anger management classes, and prevent them from owning or possessing firearms, ammunition, or body armor. 

Upon issuance, these restrictions are enforceable by law enforcement. You do not have to pay to file: you complete the forms about the abuse, send them to the court, and often get a temporary order immediately, sometimes within 24 hours. The temporary order is in place until the court decides at the hearing if a permanent restraining order is needed. Because the service is free, courts help self-help centers correctly guide you.

Workplace Violence Restraining Order (WVRO)

Only an employer can request a Workplace Violence Restraining Order to defend an employee in California. This order should be used when an employee is attacked or threatened with violence at work. In some cases, workers’ compensation may also protect staff members at risk and their family or household members if the danger is from work. If you want protection from someone outside your workplace, you need to use another order, such as a CHRO or a DVRO, not a WVRO. 

According to Code of Civil Procedure 527.8, an employer must prove that the employee was exposed to violence or threats that most likely started at the workplace. If the burden is proven, a judge might give a temporary restraining order to protect the victim until the case is heard in full. The employer and the respondent can present evidence and testimony at the hearing. If the judge believes there are enough reasons, they may issue a permanent order that lasts up to three years. 

A WVRO usually prevents the restrained person from contacting the employee, requires them to stay a certain distance from the employee’s workplace and, at times, from their home, bans them from owning or buying firearms, ammunition, or body armor, and may cover other employees, volunteers, contractors, or family members. If someone disobeys such an order, they may be charged with a crime, fined, and jailed.

Gun Violence Restraining Order (GVRO)

The purpose of California’s GVRO, or extreme risk protection order, is to keep firearms away from those who are a serious threat. Family members such as spouses, parents, children, grandparents, siblings, law enforcement, employers, coworkers, teachers, or school employees can request these orders. If you believe someone outside your family poses a danger, you can report it to the police, who may start the process. 

A GVRO prevents the person restrained from buying or trying to get firearms, ammunition, magazines, or body armor. They must also give up any guns, ammunition, magazines, or body armor they have to law enforcement or to a licensed firearms dealer for safekeeping. A GVRO differs from most protective orders because it does not require the individual to keep a certain distance or leave a shared home; its only aim is to prevent access to deadly weapons. 

In some situations, the court can issue an emergency GVRO for up to 21 days or a temporary GVRO (also for 21 days) until a hearing is set up. After the hearing, the court may issue a final GVRO, which can last one to five years and may be renewed.

The petitioner must complete the necessary documents and submit them to the court to start a GVRO. A judge looks at the petition and can issue a temporary order that immediately becomes effective. The respondent has to be personally given the order, and both parties must be present at the hearing where the final decision is made.

California Juvenile Restraining Order

If a minor is being abused, harassed, threatened, or subjected to violence, the juvenile court can give them a juvenile restraining order. Those who can file a petition are social workers, probation officers, caregivers, guardians, parents, or court-appointed advocates. After the petition is filed, the juvenile court reviews it and might immediately grant a temporary restraining order (TRO) until the formal hearing. 

After the order is issued, the person must be personally served. Within one business day, the order is entered into CLETS, allowing statewide enforcement. A juvenile restraining order may include rules that forbid talking to the minor, require staying away from their home, school, or usual places, and order the surrender of firearms and a ban on having any in the future.

The court can keep such an order for up to three years, unless it is changed, renewed, or terminated by the court. Violations are considered serious crimes and may lead to fines or imprisonment.

Levels of Criminal Order Protection

The process's length and level of formality help classify California’s protective orders as Emergency Protective Orders (EPOs), Temporary Restraining Orders (TROs), and Permanent Restraining Orders. Every stage is designed for a particular reason: to ensure immediate safety, to provide protection until a hearing, and to enforce safety measures by the court. 

Emergency Protective Order (EPO) 

If a law enforcement officer thinks that you or a dependent is facing immediate danger from domestic violence, child abuse, abduction, or abuse of an elder or dependent adult, they may ask a judge for an EPO. Under Family Code 6251, the judge must decide that issuing an EPO is needed to avoid immediate harm.

Once the EPO is signed, it is in place and can stay in effect for up to seven days. The restrained person might have to leave the home, not see you or your family, and avoid all contact. As its protection lasts only briefly, it is usually used until you can apply for a long-term order. 

Temporary Restraining Order (TRO) 

If you ask for a restraining order, such as a DVRO, CHRO, or elder abuse order, the court may give you a TRO if you explain that you are in immediate danger and require protection. A TRO is granted without the restrained party being present before the judge.

It gives you temporary protection, usually for 20 to 25 days, until a hearing is set up. During this phase, the restrained person cannot try to contact you or visit places you visit often. A hearing should happen during the TRO period to decide if a permanent order is necessary.

Permanent Restraining Order

After you and the restrained person present evidence, testimony, documents, or witnesses at the hearing, the judge decides if a permanent restraining order will be issued. When the judge sees enough proof of abuse, harassment, or immediate threats, a permanent restraining order may be granted.

The length of a protection order varies by type: domestic violence and civil harassment orders may last up to five years, but others, like elder abuse, workplace violence, etc., have their set durations. You may ask for your permanent order to be renewed or extended.

Violation of a Restraining Order

If you intentionally and knowingly break any rule in a court-issued protective order, you can be charged with contempt of court under Penal Code 273.6. The prosecutor must show that

  1. A valid restraining order was in place.

  2. The defendant was aware of it.

  3. For example, the defendant breached one or more of its terms by contacting the protected person.

  4. The defendant was capable of following the order. 

Elements of the Offense

  1. Awareness: You cannot be found guilty if you are unaware of the restraining order. The common ways to prove you were aware of the order are having a process server hand you the papers or being present in court when it was issued.

  2. Intentionality: The act must be deliberate; accidental or unintentional contact is insufficient. You must knowingly and intentionally break the order for California law to apply. 

  3. Ability to Follow the Law: If you cannot obey the order for medical, mental, or physical reasons, you can argue that you cannot comply.

How to Respond If You Are Served with a Restraining Order

Being served with a restraining order can be very upsetting, especially if you think the claims are not true or are exaggerated. However, what you do in the first few days is important.

Don’t Panic and Read the Order Thoroughly

Don’t panic. Go through the order line by line. It will explain the type of order, list the things you cannot do (like contacting the petitioner or having firearms), and give you the date of your court hearing. Remember to note the name(s) of the protected person(s) and the date the temporary order will expire. Not following any of the rules can lead to your arrest. If you aren’t sure about the terms, don’t try to guess; talk to an attorney right away.

Do Not Try to Contact the Protected Person

No matter what, avoid contacting the person who filed the order. No phone calls, no messages sent, no social media posts and no contact with anyone else. If the other person tries to contact you, answering could still be against the order. The police will not differentiate between who started the contact—you will still be held liable.

Collect Proof And Talk To Witnesses

Collect anything that proves your side of the story. For example, there could be texts, emails, social media posts, or witness statements that do not agree with what the petitioner says. Organize your documents and keep several copies. To defend you, your lawyer will use the information you provide. If you can prove you were somewhere else at the time or think the order was made for revenge, jealousy, or manipulation, this can be very helpful.

Get Representation From A Criminal Defense Attorney

An experienced lawyer can guide you through the process, ensure you meet all deadlines, and make your case well at the hearing. Give your attorney enough time to get ready for the case. If the restraining order is linked to a criminal case, you could lose your freedom. A knowledgeable California criminal defense lawyer can ask for changes, build your case, and try to get the order dismissed.

Prepare for the Court Hearing

The paperwork you were served will show the date you are required to appear in court. Here is your opportunity to challenge the system. Show up at the right time, dress appropriately, and obey the rules in the courtroom. Attend the meeting with your lawyer and all important documents. The judge will listen to both parties before deciding if a permanent order should be issued. If you fail to appear, the court will probably allow the order without your input, and it can remain on your record for a long time.

Defenses to Violation of Restraining Order Charges

If you are accused of violating a restraining order, it does not necessarily mean you have no options. Several defenses might be available, including: 

Absence of Intent

If you were never introduced to an order, such as not being adequately served, you cannot be held accountable for not following it. Similarly, if someone accidentally touches another person in public without meaning to harass or threaten, it is not considered a willful violation. 

False Accusation

In some instances, the protected party might create a false allegation to get back at the other person, gain an advantage in a divorce, or win custody of the children. If the evidence shows they tricked you or made up events, your lawyer can question the truth of what they say. 

Lack of Knowledge

If the documents were not properly served to you, you can say you did not know about the order and were not required to obey it.

Inability to Abide by the Order

If you could not obey the order because of a medical emergency, mental issue, or being unable to avoid contact, you can argue that you did not have a chance to comply.

Possible Penalties for Violating a Restraining Order

You can face serious consequences if you break a restraining order under Penal Code 273.6. 

Misdemeanor (First Offense)

For a first offense without causing any harm, the offense is usually considered a misdemeanor. You may be sentenced to county jail for up to one year, fined up to $1,000, or both. The court may order you to attend counseling or community service and pay for the victim's expenses, such as medical or therapy bills. 

Misdemeanor that Results in Physical Injury 

Even if your violation hurts the protected person, it is still considered a misdemeanor. Still, the law requires a minimum of 30 days in jail, but the court may reduce or waive this requirement if there is good cause. 

Felony (Wobbler)

A second or further violation that includes threats, violence, or stalking may be treated as a felony. Under those circumstances, you could be sentenced to 16 months, two years, or three years in state prison, pay a fine of up to $10,000, or both. Additionally, you may be required to follow strict rules on probation. A felony conviction may cause longer firearm restrictions and more serious penalties if you have previous convictions under California’s Three Strikes law.

The judge takes into account the seriousness of the offenses, how many times you broke the order, your criminal record, especially for restraining order or domestic violence offenses, and if minors or vulnerable people were involved. Such factors may cause the court to give tougher penalties or, in some cases, consider alternative sentencing, especially if the offense is not violent and the person has not been convicted.

Finding a Restraining Order Attorney Near Me

A restraining order can be beneficial to stop abuse, harassment, and violence in California. Knowing your rights and the legal process is essential if you are dealing with a protective order or accusations of violating one. At the Monterey Criminal Attorney, we are available to help you from the beginning of the process to the end. We will collect evidence, talk to witnesses, and fight hard for your rights. You can confidently handle your legal difficulties because we are always there and have a proven history. Call us today at 831-574-1791.