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Last Modified on Apr 04, 2025
In California, restraining order violations are taken seriously by law enforcement, as they can put the protected party in serious danger. In order for these orders to be effective, they must be enforced. If you’re involved in a restraining order case, you may have wondered, “What happens if you violate a restraining order in California?”
Types of Restraining Orders
First, it can be helpful to understand the basic laws of California restraining orders. There are, in fact, six types of restraining orders, and your unique situation should fall under one of these categories.
- Domestic violence restraining order: A domestic violence restraining order is one of the most common types of restraining orders in California. This type of restraining order protects individuals from emotional or physical harm by someone they had an intimate relationship with, such as a spouse, a former lover, an ex-spouse, or the other parent of their child. It can also offer protection from one’s child, parent, grandparent, or sibling.
- Civil harassment: In California, a civil harassment restraining order can protect someone from an individual with whom they never had a relationship or were not closely related, such as an aunt/uncle, a friend, a co-worker, or a neighbor.
- Workplace violence: A California workplace restraining order protects employers who need protection from their employees.
- School violence: An example of a school-violence-related restraining order in California would be an administrator who needs protection against a student or who needs to protect a student.
- Gun violence: A gun violence restraining order prevents someone from buying a gun if law enforcement believes they may use it to harm themselves or others. From 2016 to 2022, Los Angeles County issued 226 gun violence restraining orders. Of those, 252 were requested by law enforcement. Santa Clara County’s numbers were much higher, with 645 in 2023 alone.
- Elder abuse: This type of restraining order protects elders of at least 65 years old from another party who has neglected or abused them.
What Power Does a Restraining Order Have?
A California restraining order provides multiple means of protection for the protected individual. For instance, a domestic violence restraining order prevents the restrained party from having any contact at all with a protected victim. They cannot contact, harass, stress, or threaten them. Additionally, they must keep a certain measure of distance between themselves and the protected party. If they share a home, the restrained individual must move out of it.
Also, anyone who has a restraining order filed against them cannot have any guns, firearms, or ammo of any kind. They must also pay any spousal or child support to the protected individual if they have children together and/or were previously ordered to do so by a judge. In many cases involving children, the judge will make a decision about child custody according to the circumstances.
If you fear for your safety in California, you can visit the National Domestic Violence Hotline at thehotline.org or by calling 1-800-799-SAFE. California also offers online guides if you wish to learn more about filing a restraining order against someone in California.
What Happens if You Violate a Restraining Order in California?
A restraining order can easily be violated, even by accident, if the restrained individual isn’t careful about where they go and what actions they participate in. A violation of a California restraining order can result in up to one year of jail time and/or fines of up to $1,000. With a penalty that could have a significant impact on your life, it’s very important to stay mindful of a restraining order.
Depending on the situation and the judge, a protective order could be extended for as long as 10 years. In these instances, it is very important that anyone with a restraining order against them does not violate the order. In some cases, charges can be upgraded to a felony, which can carry up to three years in prison and up to $10,000 in fines. It can’t be stressed enough that a good restraining orders attorney is a great resource to have. They’ll be ready to answer your questions and speak on your behalf if necessary.
FAQs
Is Violating a Restraining Order a Felony in California?
Violating a restraining order in California can be a felony in some cases. For instance, upon a second restraining order violation offense, especially if violence was involved, the charges can be upgraded to a felony at the judge’s and prosecution’s discretion, according to the circumstances of the case.
What Are the Consequences of Breaking a Restraining Order in California?
The consequences of a first-time offense for breaking a restraining order can land you in jail for up to one year if the judge finds it necessary. Paying up to $1,000 in fines may also be part of the consequences. Repeat occurrences can result in up to three years in prison, especially if the charges are upgraded to felony charges. The implied consequences are also far-reaching and can affect every part of your personal and career life.
How Much Is Bail for Violating a Restraining Order in California?
Bail for a violation of a protective order is $20,000, or $25,000 if violence is involved, according to the Superior Court of California. If the judge deems the defendant dangerous to the protected victim, believes they might be dangerous to society, is a flight risk, or violated the conditions of a bond, bail may not be an option. Ultimately, it’s up to the court to decide.
What Is the Penalty for Filing a False Protective Order?
If someone files a false restraining order, they are breaking the law. If caught, their actions could even lead to a misdemeanor or a felony, which may result in them going to jail for an extensive time period and require them to pay high fines. The most devastating consequence of filing a false restraining order claim is that you will be the one to have a criminal record.
Protect Yourself If You’ve Got a Protective Order Against You
If a restraining order has been filed against you, contact a reputable attorney who can be ready to help should there be any potential violation of your order. Even if you do not plan to make contact, it is better to retain legal counsel in advance. Call the Law Offices of Michelanne Hrubic to discuss your restraining order or violation today.
