What Happens If I Violate a Restraining Order in California?

What Happens If I Violate a Restraining Order in California?

Violating a restraining order in California is a serious criminal offense that can result in jail time, fines, and long-term consequences. In Redding and throughout Shasta County, courts strictly enforce protective orders related to domestic violence, civil harassment, elder abuse, and workplace violence.

The penalties for violating a restraining order depend on the circumstances of the alleged violation and whether there is a prior criminal history.

Penalties for Violating a Restraining Order in California

First violation: Up to 1 year in county jail and fines up to $1,000

Violation involving injury: Mandatory minimum of 30 days in jail, with up to 1 year possible

Second violation within 7 years (involving violence or threats): Up to 3 years in California state prison

Multiple or aggravated violations: Felony charges with penalties including up to 3 years in state prison and increased fines

These penalties are governed by California Penal Code § 273.6.

What Counts as a Violation?

Even unintentional contact may result in criminal charges. Common violations include:

  • Calling, texting, or emailing the protected person
  • Visiting prohibited locations such as a home, workplace, or school
  • Communicating through friends, family members, or social media
  • Responding to contact initiated by the protected person

Importantly, consent from the protected person does not override the court order. Only a judge can modify or terminate a restraining order.

Additional Consequences

Beyond jail and fines, a restraining order violation conviction may lead to:

    • Probation or supervised release
    • Mandatory counseling or anger management programs
    • Extended or permanent restraining orders
    • Firearm ownership restrictions
    • A criminal record affecting employment, professional licensing, and child custody

Can Restraining Order Violation Charges Be Reduced or Dismissed?

In many cases, yes. If the alleged violation was accidental, nonviolent, or based on unclear terms in the order, charges may be reduced or dismissed. Courts may allow alternatives such as probation, counseling, or community service.

An experienced Redding criminal defense attorney can review the facts, challenge the evidence, and advocate for the best possible outcome.

Talk to a Redding Criminal Defense Lawyer Today

Eric Alan Berg & Associates represents clients throughout Redding and Northern California facing restraining order violation charges. We understand how these cases are prosecuted locally and how to protect your rights.

Call (530) 223-5100 for a confidential case review.

 

 

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