Consequences For Violating A Domestic Violence Restraining Order
Domestic violence is a serious issue in many marriages. While commonly, women suffer due to the harassment and aggressive behavior of men, it would be unfair not to consider the troubles of a man in a marriage.
Some items, even men, suffer from domestic violence and emotional abuse in marriages. However, most of them do not speak about it or are misunderstand if they try to. No matter the gender.
Domestic Abuse
If you have a victim of domestic abuse, you must file a restraining order immediately. People who torture their partners and abuse them physically, emotionally, or sexually are incredibly harmful and can’t be trust at all.
Even if you are not living with them, filing a restraining order is crucial to ensure they are nowhere around you. While you are filing for a divorce, the abusive partner might try to harm you even after that, so contact a divorce attorney in Columbus today to discuss your options immediately.
TYPES OF PROTECTIVE ORDERS AND CONTACT PROHIBITED
The type of protective orders that would fall under Penal Code 273.6 include:
- Domestic violence protective orders
- Civil harassment restraining orders
- Elder abuse protective orders
- Workplace violence protective orders
Consequences for violating a domestic violence restraining order
- Misdemeanor
A domestic abuse restraining order violation is consider a misdemeanor in America. A person who tries to break the restraining order conditions intentionally will be punish severely. In most cases, the offender will have to serve at least one year in jail and pay a $1000 fine.
However, the fine can also be double if the offender harms or abuses the protect person in the return order. In that case, the abuser must pay $2000 as fish and serve a year of imprisonment.
Due to certain conditions, the judge might grant probate to the offender. However, the probation period will come with several terms like attending anger management sessions for about 52 weeks, substance abuse counseling if the person is addict to any substances or alcohol, and providing compensation or restitution to the victim for therapy sessions and mental health healing.
- Felony
If your violations come under a felony, considering the restraining business order, you will have a more severe punishment and bigger penalties to apply to the court. The offender will serve about three to five years of probation. The probation period will also involve an officer who will track your movement.
Nevertheless, if you do not want to spend time on probation, you can opt for jail for about one year. However, depending upon the severity of the case, the offender can even be sentence to up to three to five years in jail. In addition, in case of a felony violation of the restraining order, the person has to pay a fine of up to $10,000.
Peaceful contact protective orders could allow the defendant to continue living with the victim or contact them by phone or other electronic devices as long as the contact doesn’t involve violence, threats, stalking, or intimidation, and remains peaceful.
If you or a family member has been arrest and charge with a violating a protective order or domestic violence offense, contact our experience team of Los Angeles criminal defense attorneys.
Lack of knowledge
Again, recall the elements of the crime above where it must be prove you had knowledge of the protective order.
We might be able to argue you didn’t know that the protective order had been issue.
False allegation
It’s not uncommon for someone to be falsely accuse of violating a protective order.
Perhaps the alleged victim has other motives after the relationship ended and made the allegations out of anger or jealously.
