A restraining order violation in California — whether a DVRO, civil harassment order, or criminal protective order — is a serious criminal offense. Understanding the consequences of violating a restraining order, what to do if you are the protected party, and how violations affect family law proceedings is critical.
Criminal Consequences of Violating a Restraining Order
Violating a restraining order california is a crime under Penal Code section 273.6. A first violation is a misdemeanor punishable by up to one year in county jail and a $1,000 fine. A second violation within seven years, or a violation involving an act of violence, can be charged as a felony with up to three years in state prison. Criminal protective order violations — orders issued by criminal courts as a condition of a defendant's release or probation — carry similar penalties and can result in immediate arrest and revocation of bail or probation.
What to Do If Your Restraining Order Is Violated
If your restraining order is violated: call 911 immediately if you are in danger. Document the violation with dates, times, descriptions, photos, texts, or witnesses. Report the violation to law enforcement — even minor technical violations should be documented because a pattern of violations strengthens future enforcement. File a police report even if you do not want criminal prosecution — the report creates a record. In family court, a restraining order violation can be addressed through a contempt motion, which can result in jail time and attorney fee awards against the violating party.
How Violations Affect Custody
A domestic violence restraining order violation is powerful evidence in a custody proceeding. Under Family Code section 3044, a finding of domestic violence creates a rebuttable presumption against the perpetrator having sole or joint custody. A restraining order violation after that finding further strengthens the protected party's custody position. Gun rights restraining order california: a DVRO prohibits the restrained party from possessing firearms — a violation of this firearms prohibition is a separate federal and state crime. Furubotten Law, APC handles restraining order enforcement and family court proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.