Is a Restraining Order a Violation of Probation?
A restraining order isn’t evidence of a criminal offense; therefore, it isn’t a violation of probation. However, it can have a profound impact on your life.
Is a Restraining Order a Probation Violation?
A restraining order is a civil order that can be issued with little to no evidence required, and it is not evidence of criminal activity. Therefore, it is not considered a probation violation. Temporary restraining orders in Los Angeles can last between 20 to 25 days.
In California, a restraining order can come up in a background check, and the maximum length of a restraining order is up to five years. When the restraining order expires, and the defendant hasn’t violated it in any way, shape, or form, they can have the restraining order expunged from their records.
The defendant can contest the restraining order by participating in the court hearing regarding their restraining order. The defendant must tell their side of the story before the court hearing by filling out the Response to Request for Civil Harassment Restraining Orders (Form CH-120).
Although the accused doesn’t necessarily need a lawyer to respond to a restraining order, it is advised that they contact one like the Law Office of Chris Chaney.
A restraining order can have long-lasting impacts on your life, including family, reputation, work, and more.
If the person who issued the restraining order did not have a good motive to do so, then it is clearly a gesture of ill-will and more reasons to consult with a lawyer and receive proper legal advice on how to deal with the situation and fill out Form CH-120 to your advantage.
At the Law Offices of Christopher Chaney, the attorney-client relationship is the basis of all our successful defense stories.
We understand how the law can be used against the innocent with the scope of harassment or intimidation. Find in us the necessary power, friendship, and legal assistance to prevail against all odds. Contact our law firm at (213) 513-7487 for a free consultation on your case. If you are in need of a restraining order due to domestic violence, consider contacting an experienced domestic violence attorney.
Will an Order of Protection Violate Parole?
An order of protection is meant to protect a person from harassment and abuse and also impose on them a series of certain things that they can or cannot do.
A person under parole must live up to a series of responsibilities imposed by the court. Although a restraining order is a civil violation and thus won’t violate parole, it can look unfavorably on the parolee.
Contact a criminal defense attorney to better understand how an Order of Protection can affect your parole.
What Happens If a Restraining Order Is Violated?
In California, the Penal Code 273.6 states that any person who intentionally and knowingly violates a restraining order will be convicted of a misdemeanor offense that is punishable by up to a one-year jail sentence and a fine up to $1,000 or both.
How Do Courts Typically Handle Restraining Order Violations for Probationers?
Courts take violations of restraining orders by probationers very seriously. When a probationer violates a restraining order, it is not just a breach of the order itself, typically issued by a civil court, but also a violation of their probation terms.
This is often considered a technical violation of probation. In such cases, a probation violation hearing is usually conducted. During this hearing, the court assesses the nature of the violation and its severity. The consequences can range from a warning to more stringent probation terms.
In more severe cases, especially if the violation involved criminal charges or a felony offense, the court may impose harsher penalties. These could include the reinstatement of the original sentence or even a prison sentence. The court’s primary focus is on upholding the criminal justice system’s integrity and ensuring public safety, particularly in cases involving protective orders.
Can a Restraining Order Lead to Probation Revocation?
Yes, a restraining order can lead to the revocation of probation. If the issuance of a restraining order stems from new criminal activity or is considered a serious breach of probation terms, the court may view it as grounds for probation revocation.
This is particularly true if the restraining order violation is linked to violent or threatening behavior, indicating that the probationer poses a risk to others. In such scenarios, the probationer might face a suspended sentence being activated, leading to a prison term.
Moreover, for many offenders, especially those required to maintain employment as a condition of their probation, the implications of a restraining order and subsequent probation violations can be significant.
These violations often show up on background checks, impacting the individual’s ability to secure or retain employment, further complicating their rehabilitation and reintegration into society.
How Hard Is It to Fight a Restraining Order?
Restraining orders don’t usually show up in your criminal record as they are civil orders. However, they can still tarnish your public record when employers/landlords perform a background checkup.
Fighting a restraining order is relatively easy if you hire an attorney.
This is why it is advised to consult with an attorney, especially when defending clients from restraining orders. You should gather all the evidence possible and focus on your arguments against the allegations conducted by your opponent. Make a copy of your evidence, and continue consulting with your defense attorney.
Probation and Consequences of a Criminal Offense
Probation is one among many penalties that are part of your sentence. It’s important to know what you can and cannot do in order to avoid additional consequences.
In California, probation is imposed by the criminal court for a criminal conviction. A full sentence, apart from probation, may include:
- Community service
- Jail time
- Driver’s license suspension (if convicted of DUI or other serious traffic violations)
Every probation terms are different, from case to case, and many actions can be considered a probation violation, such as:
- Failing to complete a court-mandated rehabilitation or treatment program
- Not reporting to your probation officer
- Not abstaining from the consumption of drugs, alcohol, or other substances
- Not paying fines, institutions, or court fees
- Failure to report for drug/alcohol testing and not appearing to a progress report
- Not sticking to curfews and geographical boundaries
- Associating with witnesses, victims, or criminals related to your case
- Leaving the state
Probation Violations and How to Prevent Them
To prevent any probation violation, you need to understand the terms imposed.
Keep in touch with your probation officer, and announce the probation officer if you are moving to a new location, pay all your fines on time, avoid associating yourself with witnesses, victims, or criminals that have anything to do with your case, and participate in the rehabilitation or treatment programs to avoid probation violations.
Any probation violations can be considered a serious offense, however, if you’ve been wrongfully convicted of probation violations by law enforcement officials or other people, consult with a probation attorney.
Probation violations can result in arrests on the spot without a warrant. You will need a criminal defense attorney to present evidence and testimony regarding your alleged probation violation at your VOP hearing.
Penalties for Violating a Restraining Order
Restraining order violations in Los Angeles, California, can have some serious consequences. Penal Code 273.6 PC makes it a crime to violate any of the terms issued by a court restraining order, stay-away order, or protective order.
It is a misdemeanor that can get you up to one year in prison. A second-offense violation of a restraining order can be charged as a felony. You can end up in jail for three years for violating your restraining order a second time in Los Angeles, California.
Without a reasonable doubt, restraining order violations can make your case even more complicated, and some might even label it as criminal conduct, or signs of it. Law enforcement officials in California won’t view you favorably.
Contact the Law Offices of Christopher Chaney at (213) 513-7487 for a free consultation on your case, and learn more about your probation sentence, probation violations consequences, restraining orders, and more. Speak to our criminal defense attorneys about your case, or any legal issue concerning criminal defense, restraining orders, DUI, and receive a personalized service.