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California Penal Code 273.6 makes it a crime to violate a restraining order. They are normally issued in California criminal cases to restrain a defendant from harassing, abusing, stalking, or threatening the alleged victim.
If the judge believes you need protection, he or she will give you a temporary restraining order. Temporary restraining orders usually last about 20 to 25 days, until the court hearing date. When you go to court for the hearing that was scheduled for your TRO, the judge may issue a permanent restraining order.
The violation may result in criminal charges or a criminal conviction and a mark on your record. In addition, a restraining order violation and contempt of court may also result in jail time and fines. A qualified criminal defense attorney may be able to raise a number of defenses to challenge a violation.
PENALTIES FOR VIOLATING RESTRAINING ORDERS IN CALIFORNIA For misdemeanor cases, a defendant may face the following punishments: Up to one year of county jail time or state imprisonment. Up to $1,000 in penalty fines.
PENALTIES FOR VIOLATING RESTRAINING ORDERS IN CALIFORNIA For misdemeanor cases, a defendant may face the following punishments: Up to one year of county jail time or state imprisonment. Up to $1,000 in penalty fines.
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The maximum length of a restraining order in California is five years. Often, the length of an order is shorter, lasting several years or even only a few months. If the restraining order against you had against you has expired and you did not violate it you can have the order expunged from your record.
During the hearing, the judge will hears from both parties, and decide whether to extend the restraining order for 5 years. The judge extends a restraining order by signing form DV-130-Restraining Order after Hearing.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
If you are reported to the police for bdocHubing your restraining order, the police will usually sign a criminal complaint which means that you are then in contempt of court. You may also be arrested, depending on the type of order in place and the nature of the bdocHub committed.
A person can ask for a civil harassment restraining order if: the person is being harassed, stalked, abused, or threatened by someone else, and. the person is not in a close relationship with the restrained party (as with domestic violence restraining orders).

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