What To Do If Someone Violates a Restraining Order in California
A restraining order is a powerful legal tool designed to protect individuals from harassment, abuse, or threats. When a court issues a restraining order, it imposes specific legal restrictions on the person against whom it is issued (the restrained party) to prevent them from contacting or approaching the protected person. Unfortunately, there are instances where the restrained party may violate the terms of the restraining order. If this happens, it is crucial to work with the San Jose Restraining Order Lawyers at Foster Hsu, LLP to protect yourself and ensure the order is enforced.
Understanding the Legal Consequences of Violating a Restraining Order
In California, violating a restraining order is a serious offense. The violation can be charged as either a misdemeanor or a felony, depending on the circumstances and the restrained party’s prior criminal history.
A first-time violation of a restraining order is typically charged as a misdemeanor. Penalties can include up to one year in county jail, a fine of up to $1,000, or both. Additionally, the court may impose mandatory counseling or community service.
If the restrained party has a prior conviction for violating a restraining order or if the violation involved an act of violence, they could face felony charges. Penalties for a felony violation can include up to three years in state prison and significantly higher fines.
Steps to Take if Someone Violates a Restraining Order
If you are a victim of a restraining order violation, it’s important to take immediate action to protect yourself and ensure the violator faces appropriate legal consequences. Here are the steps you should follow:
- Call the Police: If the restrained party violates the restraining order, the first step is to call the police. Provide them with a copy of the restraining order and any evidence of the violation, such as text messages, emails, or witness statements. Law enforcement officers can arrest the violator on the spot for violating a court order.
- Document the Violation: Keep a detailed record of every incident that violates the restraining order. Include the date, time, location, and a description of what happened. This documentation can be crucial in court to demonstrate the pattern of behavior and the severity of the violations.
- Seek Legal Advice: Consult with an attorney who specializes in restraining orders and domestic violence cases. They can guide you through the legal process, help you understand your rights, and represent you in court if necessary.
- File for a Contempt of Court Hearing: If the violator repeatedly violates the restraining order, your attorney can file a motion for contempt of court. This hearing will determine if the violator should be held in contempt, which can result in additional penalties, including jail time and fines.
- Request a Modification of the Restraining Order: If the violations continue, you may need to request a modification of the restraining order to include additional protections or extend its duration. Your attorney can help you file the necessary paperwork and represent you in the modification hearing.
Protecting Yourself and Your Rights
At Foster Hsu, LLP, we understand the gravity of restraining order violations and are dedicated to helping victims protect themselves and their rights. If you or someone you know is facing a restraining order violation in California, contact our San Jose office today for a consultation. Our experienced attorneys are here to help you navigate the legal system and secure the protection you deserve.
