Restraining Orders

Restraining Orders – 273.6

A restraining order is generally a civil matter, but if there is a violation of a restraining order, that is criminal. And of course, there are protective criminal orders as well. A judge will grant the restraining order (protective order), and if there is a failure to adhere to that order, you could be charged with violation of that order. This can be either a misdemeanor or a felony. Negotiating through this difficult process is where you need an experienced attorney.

If you are convicted of violating a restraining order, the penalties vary depending on if it’s your first violation and if the victim suffered an injury. Penalties may include up to three years in state prison for a felony, and up to one year in a county jail for a misdemeanor. Additionally, a conviction could lead to:

  • court fines and penalties,
  • victim restitution,
  • counseling services, and
  • the relinquishment of any firearms and the inability to acquire any new ones for the length of the protective order.

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A defense for the violation of a restraining order is best left to a skilled, experienced attorney.

Call Adam Weiner. He is well versed in this area, well known and respected throughout the legal community and among our clients. Our experience and expertise area available to you.