A restraining order or protective order is an order issued by courts to protect a person, companies, or any vulnerable parties, as well as the general public, in a circumstance involving alleged domestic violence, stalking, harassment, assault, or sexual assault. The most common cases In the USA are domestic disputes and violations such as one-party interfering with child custody, cases of child abuse, spousal abuse, or stalking; restraining orders laws (also called "Protective orders") vary depending on the state.
In the eye of law, a restraining order is an effective tool to reduce the risk of harassment and harm inflicted from one person to another. While a restraining order in California is a good way to get protection against any kind of abuser, statistics show that violations of restraining orders keep happening and it cannot always guarantee absolute protection by the law. The private relationship between the “accused” (person speculated to commit the illegal act) and the victim (person who was violated) determines which sort of petition would be filed.
A restraining order works as an instrument to assist a victim and/or his/her family to keep safe from any additional act such as stalking, that the accused may try to perform that could cause any kind of harm against the victim .
Conditions that may be included in a restraining order:
- The specified distance to keep the abuser away from the victim and the victim's family, friends, etc. this might include different areas such as the victim's home or workplace.
- The abuser isn't allowed to follow, i.e. stalk or harass the victim.
- The offender isn't allowed to talk to the victim by phone, mail letters, or via e-mail or any other type of electronic communications.
- The abuser isn't allowed to hold or possess a gun (firearms).
- The offender is forbidden to hurt or damage the victim's property.
Penalties for violating a restraining order in California
The restraining order laws in California can be found under the California Penal Code Section 273.6 PC which dictates the following penalties:
- Punishment of Imprisonment which may extend to 1 year in county Jail and fine up to $1000
- For repeated violation of this crime the imprisonment can be up to three years and a fine up to $10,000
Defense for violating a restraining order in California
- Lack of intent
- Insufficient evidence
- False accusation
Defense attorney for violating a restraining order
If you or someone close to you are facing charges for violating a restraining order or you are the victim of this offense, getting in touch with an experienced defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
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