San Diego Criminal Lawyers Blog
If you have been accused of violating a protective order, you are not alone. Studies indicate that half of all survivors of domestic violence who have obtained protective orders in the country report their abusers violate those orders, with a result of escalating violence. When those orders are violated, survivors say nothing happens to abusers when the violation is reported to authorities. While that may be the case in some states, in California, the legal consequences for violating a protective order are significant.
Protective Orders
A protective order can be issued in a civil court in an attempt to protect applicants from harassment and harm from another person. An Emergency Order may be granted if the alleged victim of a crime calls 911 and requests help, and typically lasts no longer than one week. If the defendant is ultimately arrested and charged with a crime, a judge can issue a Criminal Protective Order, which is designed to protect alleged victims of domestic violence and witnesses. A restraining order might also be issued, which orders the accused to stay away from the victim while continuing requirements to pay child/spousal support.
Rules of Protective Orders
Once a protective order is issued, the respondent must:
| Emergency Order | Criminal Order |
| Do not contact anyone named in the order | Do not contact anyone named in the order |
| Never stalk, threaten, harass, or harm those named in the order | Never stalk, threaten, harass, or harm those named in the order |
| Maintain distance from those named in the order and the places they live or regularly go | Maintain distance from those named in the order and the places they live or regularly go |
| Move out of a home shared with anyone named in the order | Move out of a home shared with anyone named in the order |
| Surrender possession of firearms, ammunition, and body armor | Surrender possession of firearms, ammunition, and body armor |
| Never try to convince people not to testify or go to court | |
| Never try to locate those named in the order |
Penalties for Violations
The legal consequences for violating a protective order in the State of California are pretty stiff:
- Violating a temporary order could result in misdemeanor charges, with a $1,000 fine and a year behind bars.
- Having a previous violation or using violence during the violation is a felony and could lead to $10,000 in fines and three years in state prison.
- Any violation could mean the offender must participate in counseling, domestic violence classes, or anger management classes.
- Damages may be addressed through restitution to the applicant or a women’s shelter.
Protecting Your Rights
The dedicated criminal defense attorneys at Boertje & Associates are dedicated to protecting the rights of our clients, regardless of the charges. We provide a vigorous defense and explore all legal avenues in order to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our San Diego office today.