San Diego Criminal Lawyers Blog
It does not matter if you believe a protective order was issued under false pretenses, or if the individual who requested the order has changed their mind about you: in the state of California, it is never a good idea to violate a protective order. If the order is on the books, a violation will result in serious consequences for you.
What is a Protective Order?
Protective orders, sometimes called restraining orders, restrict one’s ability to contact a person or place. A temporary order (TPO) is the first step and usually lasts 10-25 days. This gives the court time to examine the case in detail and decide whether an extended order of protection (EPO) is warranted. If granted, the order can last for five years or, in extreme cases, permanently.
Here in California, there are three main types of protective orders:
Domestic Violence Orders: A DVRO, sometimes referred to as intimate partner violence, is a behavior pattern that threatens the welfare of a current or former intimate partner. Individuals who have been the subject of domestic violence may seek a protective order as a means of keeping an abuser away.
Civil Harassment Orders: These orders are issued to protect someone from harassment that may be related to property destruction or intent to cause harm to an individual. Protective orders may also be issued for stalking—tracking a person and causing them concern for their safety. People involved in these situations may be neighbors, teammates, work colleagues, classmates, etc.
Criminal Protective Orders: These orders are typically issued at arraignment in criminal cases.
Penalties for Violating an Order
The first thing that could happen when you violate a protective order is that you will be arrested. Even without a warrant, if officers have probable cause that there has been a violation, you are heading to jail. From there, it only gets worse:
- Misdemeanor Charges: The first time you violate a TPO or an EPO, you could be charged with a misdemeanor, which could land you in the county jail for a year, in addition to having to pay a $1,000 fine.
- Felony Charges: If it is a repeat offense or if the offense involved violence or weapons, felony charges could ensue, resulting in up to three years in state prison.
On top of these penalties, offenders will likely have to pay the victim’s attorney fees, restitution for damages, and be ordered into mandatory counseling for batterers.
Protecting Your Rights
Clearly, knowingly violating a protective order is serious business, requiring the efforts of a serious criminal defense attorney. The highly qualified criminal defense attorneys at Boertje & Associates are committed to protecting your rights in a situation like this. To discuss your circumstances, schedule a confidential consultation in our San Diego office today.