Restraining orders are meant to protect people from threats, harassment, or harm. In California, you can be issued different types of restraining orders: civil harassment, elder or dependent adult abuse, domestic violence, and workplace violence.
If a restraining order was granted because of domestic violence, it is important to know California has specific legal standards for issuing a domestic violence restraining order. If any errors happened and the order was issued unfairly, this could help with your defense.
Violating a restraining order can lead to fines, jail time, and even a criminal record. However, not all violations are done on purpose. Sometimes, the accused person may have a valid defense, and understanding possible defenses can make a big difference in the outcome of your case. Here are some possible defenses:
1. You Didn’t Know About the Restraining Order
One of the most basic defenses is that you were never properly notified. Let’s say, for example, someone is issued a restraining order in an emergency court hearing, and you were not notified about the hearing. Then, you contact the person unknowingly and break the restraining order.
Additionally, in California, a restraining order is only legally enforceable if you were officially served with the paperwork. Therefore, if you didn’t receive the order or weren’t aware of its terms, you may have a strong defense.
2. False Accusations or Mistaken Identity
Sometimes, people file restraining orders out of anger, for revenge, or because of a misunderstanding. If your accuser is falsely claiming you violated the order, you can fight back with evidence.
A lawyer can help gather witness statements, phone records, or even security footage that can help in proving your innocence. In some cases, mistaken identity can also be a defense. Maybe someone else caused the incident, but you were blamed for it.
3. The Violation Was an Accident
Not all violations are intentional. Maybe you ran into the protected person at a grocery store or in a public place. If you immediately left or did your best to avoid contacting the person, this could be used as a defense. If there is proof that you did not mean to break the order, this can be used as a defense.
4. Lack of Enough Evidence
In court, the prosecution has to prove that you violated the restraining order beyond a reasonable doubt. If the evidence is only based on the protected person’s word with no proof, your lawyer can argue there isn’t enough to convict you. Weak evidence or contradicting evidence can work in your favor.
5. Misunderstanding or Miscommunication
Restraining orders can have complex conditions, and sometimes, violations can happen because the accused misunderstood the terms of the restraining order. Also, the order may have been issued because of a misunderstanding or miscommunication. In such cases, you can argue that the order was unnecessary.
To avoid misinterpreting the terms, or if the order is unclear or vague, it is important to work with an attorney who can explain the dos and don’ts.
6. The Violation Wasn’t Your Fault
The protected person might create some circumstances that lead to violating the restraining order. Even though in California, if a person allows contact, the restraining order is still legally enforceable, you can argue that it was a consensual interaction as your defense.
Getting accused of violating a restraining order can be very stressful and incredibly frustrating, but there are ways of fighting the charges. If you believe you have a valid defense, it is necessary to collect the right evidence and talk to your lawyer as soon as possible. Nevertheless, it is important to take a restraining order seriously and always follow the legal procedures if you need to challenge or modify one.
