Facing charges for violating a temporary restraining order in California can disrupt your life and result in criminal accusations. Further, you may face arrest and detention after a judge handles your case. To avoid the adverse outcomes of a restraining order violation, you want to partner with an experienced criminal defense attorney who understands the importance of preparing strong and persuasive counterarguments. You also need to work with a legal team ready to represent you in court and increase the chances of a favorable case outcome. Therefore, choosing an experienced legal team is essential, and you want to partner with a trusted one.
At California Criminal Lawyer Group, we work hard to ensure you receive excellent legal defense services for a temporary restraining order charge. Our role is to take on your case and conduct research, including sourcing evidence on your behalf. We are also ready to represent you in court by presenting all the defense arguments we will have consolidated over time. You can also count on us for continuous support throughout the trial, including legal advice for any emerging uncertainties. Our services are available in Santa Ana, California, for anyone facing charges related to violating a temporary restraining order.
The Importance of a Temporary Restraining Order in California
A Temporary Restraining Order (TRO) protects someone who firmly believes they are in danger from contacting the person responsible for the risk. Since courts are responsible for issuing a temporary restraining order, the applicant should first file their petition and present reasonable grounds for seeking the order before the judge can give it. Based on the protective element for the applicant, you want to understand its importance and how the orders affect you as the subject.
Firstly, a TRO can provide immediate protection for victims of domestic violence or harassment. It can help prevent you from continuing the harmful behavior and give the victim time to seek safety and support. In many cases, obtaining a TRO is the first step in protecting oneself from further harm.
Secondly, a TRO can provide a sense of relief and security for individuals who are experiencing threats or intimidation. As a result, the applicant is likely to provide information in court about how your presence around them causes unrest or puts them in danger. If the information is compelling, the judge will authorize the TRO to extend security and a sense of relief to the party.
In addition, a TRO can help victims of domestic violence or harassment access additional resources and support. They may have been unable to access the resources previously because of your involvement in their lives, making it difficult for them to seek help. With a restraining order against you, you cannot access the victim, giving them the liberty to seek the necessary services.
You should note that violating a temporary restraining order is a criminal offense, attracting criminal penalties for anyone found guilty. Legal sanctions provide additional protection for victims of violence or harassment and help deter abusers from continuing their harmful behavior.
Further, you risk suffering some inconveniences if an alleged victim files for a temporary restraining order against you. For example, seeing your children or accessing your home or workplace can become difficult. It is essential to consult an experienced attorney before filing for a TRO to understand the potential legal implications.
Overall, the effects of a temporary restraining order can be helpful to a victim who genuinely believes they are in danger by coming into contact with you. It provides immediate protection, relief, security, access to additional resources and support, and legal consequences for violating the order.
The Difference Between a Temporary Restraining Order and a Permanent Restraining Order
All restraining orders restrict your interactions with the applicant, therefore protecting them. Two types of restraining orders are operative in California and are provided for in various laws like the California Penal Code. They are temporary restraining orders (TRO) and permanent restraining orders (PRO).
A temporary restraining order is immediate, offering temporary protection for individuals experiencing harm or threats of harm. Based on this, the presiding judge can issue it without holding a hearing, mainly because it serves as emergency protection for the applicant. Since a temporary restraining order provides temporary relief from harmful advances, you may receive it as a notice for a subsequent permanent restraining order.
Conversely, a permanent restraining order is a court order that provides long-term protection for individuals in danger of constant harm or abuse. A PRO issues after a hearing, where both parties can present evidence and argue their case. A PRO can last up to three years and be extended for additional periods, depending on the circumstances.
One of the key differences between a TRO and a PRO is the duration of the order. A TRO is temporary, while a PRO is long-term, making it important to observe the restrictive guidelines to avoid lasting legal consequences. Further, due to the varying timelines for both orders, you need to understand each time limit to ensure you do not violate it.
Another difference is the process for obtaining the order. A TRO can be obtained without a hearing, while a PRO requires one. At the hearing, both parties can present evidence and argue their case to provide a more formal and thorough process for determining if a restraining order is necessary.
You should note that violating a temporary or permanent restraining order is a punishable offense, as provided for under Section 276.5 of the California Penal Code. Additionally, the offense is a wobbler crime and may attract misdemeanor or felony charges. Consequently, you may face penalties like a jail sentence or fine payment orders after the judge finds you guilty.
Parties Eligible to Apply for a Temporary Restraining Order
Although a temporary restraining order is protective, the law also provides for certain categories of people to apply for one. As a person facing accusations of violating the restraining order, you must establish who applied for it. In doing so, you can then determine whether they were rightful in making the application, which translates to determining the TRO's validity.
The following are parties eligible to apply for a temporary restraining order:
Domestic Violence Victims
An accusation of domestic violence involves threatening or harming someone with whom you have a close relationship. Frequently, victims of domestic violence live in the same house as the offender, which leads to ongoing physical and mental abuse.
Abuse can sometimes include emotional, financial, and sexual harassment, prompting the victim to file for a temporary restraining order. As the recipient of the restraining order, you should consult with your attorney to determine whether you will likely face separate domestic violence charges. As a result, you can start preparing for the trial ahead of time.
Guardians or Parents
As a parent or guardian, you can apply for a temporary restraining order on behalf of your child if you believe they are in danger. Before submitting the application, the parent should determine if the child is in danger at school or at home. If you are identified as the primary perpetrator, you will be issued a temporary restraining order to keep you away from the child.
A temporary restraining order is frequently sought by abusive couples in order to protect their homes and children from the perpetrator. If the relationship has deteriorated, they may also seek divorce or separation while seeking the TRO.
Stalking and Harassment Victims
Anyone who is harassed or threatened with harm may be eligible to file a TRO. The victim must demonstrate that they were harassed by receiving unwanted phone calls, receiving annoying or alarming messages, or being stalked when applying for the TRO. Harmful threats can be made verbally, through social media, or through other electronic means.
Notably, law enforcement officers may be eligible to apply for a TRO on behalf of a victim. This can occur if the victim is unable or unwilling to use the TRO on their own or if law enforcement believes that immediate protection is needed to prevent further harm.
Types of Temporary Restraining Orders
The law also provides a variety of restraining orders for protection based on the parties who are permitted to file for TRO orders. Understanding these other orders is critical, especially if you face criminal charges for breaking them. The information can also assist you in preparing your defenses for trial. The types of temporary restraining orders are:
Restraining Orders Against Civil Harassment
Presiding judges issue civil harassment restraining orders to protect against unrelated harassment, stalking, or threatening behavior. They can be granted at the discretion of the judge for a set period of time, and the applicant can apply for renewals.
Workplace Violence Restraining Orders
Employees who are afraid of being harmed at work can protect themselves by obtaining a temporary restraining order. After a hearing, the presiding judge may issue a temporary order specifically for workplace protection, and the applicant may request a permanent order.
Restraining Orders for Elder Abuse
If you are accused of elder abuse or neglect, a temporary restraining order may be issued to keep you away from the alleged victim. Subsequently, you cannot interact with or go close to the older person seeking protection, and a violation amounts to criminal charges.
Since many elders may be unable to follow up on the legal process of obtaining a temporary elder abuse restraining order, they may send a third-party caregiver to apply. If you strongly believe that the third party lacks accurate facts to accuse you of abuse, inform your attorney about the situation to help them make further investigations.
Elements of Crime for Violating a Temporary Restraining Order
If you face arrest for violating a TRO, the presiding prosecution team may file a criminal case under the California Criminal Code provisions. The burden of proof is on the prosecutor to show that you posed legitimate violence to the victim, who applied for a temporary restraining order under the law. They should also show that you violated the order's provisions and how you did so.
Based on the expectations for the prosecutor, they will handle each case element individually to ensure that their arguments are exhausted. As a result, in order for the prosecutor to prove the crime, you must understand the main aspects of the crime and prepare defenses to counter the accusations. The main aspects of the crime of violating a TRO are:
You were aware that a temporary restraining order had been issued against you.
The prosecution must demonstrate that you were served with the restraining order, implying that you had access to the information. Further, the prosecutor should demonstrate evidence of receipt by providing your signature or a text acknowledging the document, among other evidentiary sources.
Since the TRO must have been valid and enforceable during the alleged violation, the prosecution must prove that you knew the TRO and its terms. As a result, the prosecutor must also demonstrate that you read and comprehended the terms, including the requirement to avoid the applicant.
You Wilfully Violated the Temporary Restraining Order
Second, the prosecutor must demonstrate that you willfully violated the TRO's terms. Their goal is to show that you acted intentionally and knowingly in violation of the TRO and that you were aware of the potential consequences of your actions.
The prosecution must prove that you engaged in conduct prohibited by the TRO, making your actions unlawful. The TRO, for example, may forbid you from contacting the victim, approaching the victim's home or workplace, or engaging in other specified behaviors. If so, the prosecutor’s presentation demonstrates these factors through various evidentiary sources.
Your Violation Resulted in Harm to the Victim
Thirdly, the prosecutor must also prove that your violation of the TRO caused harm to the victim. This means that the victim suffered harm or injury due to your violation of the TRO. For example, if your case involves physical abuse against the alleged victim, the prosecutor will present evidence to demonstrate this.
You can expect them to present medical reports, photographs, or video footage that shows you abusing the victim after violating the restraining order. Further, witness testimonies are helpful for the prosecutor, especially if the victim can personally account for what occurred.
If the prosecution can prove these elements beyond a reasonable doubt, you may face criminal penalties for violating a TRO. Nevertheless, you can increase the chances of a favorable case outcome by working closely with your defense attorney.
Defenses for Violating a Temporary Restraining Order
After the prosecution team concludes their presentation, your criminal defense attorney will then present defenses on your behalf. The importance of the defense hearing cannot be understated, as it may be your chance to overturn the prosecutor’s case and persuade the judge and jury of your innocence.
Based on this, making adequate preparations is essential, and you want to work closely with your defense attorney to prepare a strong defense. Some defenses are applicable for violating a temporary TRorO that does not inform you of its terms, so you may benefit from using the defense.
The Existing Temporary Restraining Order is Invalid
Alternatively, if the TRO was improperly issued or invalid, you could argue that you did not violate a valid court order. For example, if the TRO was given without proper notice, it may be invalid, making any claim against you unnecessary.
The victim’s behavior can also help demonstrate the invalidity of the TRO, especially if they applied for it with malicious intentions. For example, the TRO should be invalid if the alleged victim filed for the order to deliberately prevent you from interacting with your children.
You can also demonstrate that you did not intend to harm the alleged victim, nor have you ever harmed them, to solidify your case further. In doing so, you further justify the invalidity of the TRO, and you have a better chance of receiving an acquittal.
Your Case is Based on Mistaken Identity
Facing criminal accusations based on mistaken identity is common, making you answerable for an offense you did not participate in. If so, inform your attorney of the occurrence as soon as possible to help them raise the issue in court.
You should also gather sufficient information on the party who should be answerable for the crime, giving you more credibility in your defenses. If your defense is successful, you may receive an acquittal and avoid all subsequent penalties.
Not all defenses will apply to your case, as every case has varying circumstances. The prosecutor may argue that you should have known about the TRO or that the TRO was issued correctly and served.
Penalties for Violating a Temporary Restraining Order
Following the conclusion of both the prosecution and defense hearings, the presiding judge must deliberate on the matter and issue a decision. If the prosecutor successfully demonstrates that you committed all of the criminal elements, you are more likely to face penalties during the sentencing hearing.
The California Penal Code provision on temporary restraining order violations classifies the offense as a wobbler crime. Subsequently, you may face misdemeanor or criminal charges, depending on the circumstances of the case. As a misdemeanor, the offense attracts a jail sentence of up to one year or acceptable payment orders of up to $1000.
Alternatively, the offense may attract felony charges and penalties under specific circumstances. Firstly, if you are a repeat offender with previous temporary retraining order violations, the prosecutor is more likely to file a felony charge. They do this as a deterrent for subsequent criminal activities and as a punitive measure for being a repeat offender.
You may also face felony charges instead of misdemeanor charges for violating your TRO and using violence against the victim who sought protection against you. For example, if you were violent in forcing the victim to let you return home after a domestic violence occurrence, you are likely to face felony charges.
A felony conviction attracts harsher penalties, including a prison sentence lasting up to three years. The judge may impose a fine of up to $10,000 or issue both sentences in severe cases. Additional penalties include deportation for US non-citizens and "non-admissible" status that denies you entry into the country in the future.
Moreover, you will be prohibited from having a firearm after a TRO violation charge, making it an offense to own or possess one. You may also face a probation penalty as an alternative to formal jail and fine sentences. If the judge orders a probation penalty, you must perform community service, pay restitution to the victim, and attend mandatory counseling or therapy classes.
While these penalties are available for TRO violation charges, your criminal defense attorney can still help you negotiate the sentencing terms for more leniency. Working with an experienced attorney is beneficial because it increases your chances of a favorable case outcome.
Find a Criminal Defense Attorney Near Me
When you or a loved one faces criminal charges for violating a temporary restraining order, you could risk criminal penalties, including jail sentences. Moreover, you may build a criminal record, resulting in a loss of opportunities beyond the conclusion of your case. Partnering with a criminal defense attorney to avoid these outcomes is essential, as they work towards raising the chances of a favorable case outcome. However, while many criminal defense attorneys are available to offer legal services, you need a reliable team to walk with you throughout the trial.
At California Criminal Lawyer Group, you will work with a skilled and highly trained team that understands the importance of preparing solid criminal defenses. We aim to understand your case deeply, enabling us to provide workable solutions. We are also equipped to prepare court presentations that counter the prosecutor’s case, as we aim to raise your chances of receiving a favorable case outcome.
By partnering with us, you have access to legal advice around the clock, making you more knowledgeable about your case's progress. If you or a loved one requires defense services to fight temporary restraining order violation charges in Santa Ana, California, call us today at 714-844-4151.
