San Diego Restraining Order Violations Lawyer
San Diego Restraining Order Violations Attorney
In San Diego, there are several reasons why an individual might find that there has been a restraining or protective order issued against them. Often ordered by the courts, the purpose of these legal arrangements is to prevent an individual from suffering threats or physical abuse from another. If you have learned that a restraining order has been taken out against you and you have allegedly violated this order, a San Diego restraining order violations lawyer can help.
For over two decades, the team at Lee Law Group DUI & Criminal Attorneys has been assisting clients who face a wide range of criminal charges, including violating a restraining order. If you have been charged with this crime, it is vital that you speak with a San Diego criminal defense lawyer as soon as possible. A conviction of these charges can come with steep penalties. It is essential that you speak with an attorney who can fight to protect your future.
What Constitutes a Restraining Order Violation in San Diego?
In San Diego, there are several different kinds of restraining orders that can be issued by the courts. In June of 2023, there were 227,941 active protective or restraining orders currently in effect for adults in the state. Many of these were for domestic violence and worked to protect spouses, children, fiancés, and domestic partners. Other restraining orders available in the state include:
- Gun violence restraining orders. These restraining orders are typically requested by a family member or police officer. They prohibit the restrained individual from possessing ammunition or a firearm because the individual poses a threat to others or themselves.
- Elder/dependent adult abuse restraining order. These orders work to protect seniors, or individuals over 65, and adults between 18 and 64 years of age who are considered dependent due to a physical or mental disability. These orders protect these individuals from abuse such as neglect or abandonment, treatment that is mentally or physically harmful, caregiver deprivation, and financial or physical abuse.
- Civil harassment restraining order. This kind of restraining order works to offer protection from individuals like roommates, coworkers, and neighbors who may pose a threat of violence, such as assault and battery or stalking.
- Workplace violence restraining order. This kind of restraining order can be requested by an employer in order to protect their staff from threats or acts of violence in their place of employment.
The violation of a restraining order is a common charge filed in San Diego, and these cases are typically heard in the San Diego County Superior Court, usually at the Central Courthouse on 1100 Union Street. In order to prove that an individual is guilty of a restraining order violation, the prosecutor assigned to your case needs to prove five elements. They include:
- The court issued a written order in a lawful manner that you refrain from some kind of action.
- The order was a stay-away or protective order issued by the court that involved a pending or past criminal proceedings regarding elder or dependent adult abuse or violence.
- You were reasonably aware of the existence of the court order.
- You were reasonably capable of following the court order.
- You intentionally or willfully violated the restraining order that was issued against you by the court.
Defenses for San Diego Restraining Order Violations
When you are accused of violating a San Diego restraining order, there are several defenses that can be used to fight these charges. At Lee Law Group DUI & Criminal Attorneys, we have the experience and local knowledge of the court system necessary to review your case and implement the correct strategy. The most common defense strategies for these charges can include:
- Accident. When the prosecution tries to prove that the alleged violation was willful, your attorney may be able to argue that it was simply an accident.
- False allegations. Your attorney may be able to assert that the allegations against you are false and can argue against the credibility of the individual accusing you of a restraining order violation.
- No knowledge. In certain situations, your attorney may be able to assert the fact that you didn’t know about the existence of the restraining order.
- Order invalidity. In some restraining order cases, the judge who issued the original order may not have followed the law correctly. Under these circumstances, your attorney may be able to use this as a defense against any alleged violation charge.
FAQs
Q: What Are the Penalties for Violating a Restraining Order in California?
A: If an individual is found guilty of violating a restraining order in California, they can face several penalties, including jail time and fines. In certain cases, under the determination of a judge and with the help of an experienced attorney, some of these sentences may be reduced to probation, but the restraining order may stay in effect.
Q: What Is a Private Postsecondary School Violence Restraining Order in California?
A: This kind of restraining order in California can be issued when a school official requests it in order to protect their students from threats or acts of violence while on the school grounds or campus. The threats involved may have been made by an individual who is not physically on the grounds of the school.
Q: What Is a Stay-Away Order in California?
A: In California, a stay-away order is a criminal protective order. They are similar to restraining orders, but the difference lies in the fact that the judge initiates these orders rather than the individual who is the alleged victim of abuse. These are usually issued because the defendant is facing charges of domestic violence crimes.
Q: What Kind of Contact Is Illegal Under a Restraining Order?
A: In almost all restraining orders, you are unable to contact the protected individuals listed in the order. No form of contact may be allowed, including in-person contact, written contact via letters, emails, phone call contact, contact through text messages, or contact through social media. You may also not be allowed to come within a certain distance of the individual.
Speak to a Trusted San Diego Restraining Order Violation Lawyer Today
If you or someone you love has been charged with violating a restraining order in San Diego, the team at Lee Law Group DUI & Criminal Attorneys is here to support you and fight for your rights. Contact our offices today to schedule your consultation and learn more about our legal services.
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