Overcoming Restraining Order Violations

Restraining orders are court-ordered instructions issued to protect individuals from harm or harassment. Once a restraining order is issued, the terms must be adhered to, and sometimes this can be complicated, which is why some individuals may find themselves in violation of a restraining order, even if they are unaware of the violation. The consequences can be swift, severe, and far-reaching. A skilled defense attorney can help those facing restraining order violations

and keep their lives on track, minimize the negative impact an undisputed conviction can have on employment, housing, and residency. Minor or unintentional violations can significantly impact lives, damage careers, and lead to criminal penalties.

Understanding Restraining Orders

Restraining orders—also known as protective orders—can be issued in domestic violence cases, civil harassment disputes, elder abuse, or workplace violence. Once a restraining order is granted, the person this legal document is issued must follow the conditions exactly, which typically include:

• No contact with the protected person
• Staying a certain distance away from their home, workplace, or school
• Ceasing all forms of communication, including texts and social media
• Surrendering firearms

Violating any of these terms—intentionally or otherwise—is a criminal offense under California Penal Code §273.6.

Why Do People Violate Restraining Orders?

Violations are more common than most people realize, and not all are malicious. The most common reasons for restraining orders in Oceanside include:

• Unintentional Contact - most people are unaware that liking a post or being in the same public space can constitute a violation of a restraining order. Although some people do understand these terms, not everyone does. Many times, people are in violation without even knowing it, which is why an arrest can be so alarming and unnecessary when the circumstances are not malicious.
• Falling for Initiation by the Protected Party - sometimes, the protected party reaches out first, asking to talk, reconcile, or meet. If the named person in the order responds or agrees, they are considered to be in legal violation, even if it was a mutual agreement.
• Emergencies or Shared Obligations - there may be shared parenting responsibilities, property disputes, or unexpected emergencies that bring both parties into contact with each other. Without a clear court-approved exception, even necessary communication can be considered a violation of the rules.
• Misunderstandings - self-represented individuals or those who didn't receive adequate legal advice may not understand the terms of the order and may inadvertently violate it due to confusion or error.
• Retaliation or Set-Ups - in contentious cases, one party may manipulate the situation to provoke or entrap the other into a technical violation, then call the police.