blog home Domestic Abuse Violated a Restraining Order? Here Is Why That One Mistake Could Cost You Everything

Violated a Restraining Order? Here Is Why That One Mistake Could Cost You Everything

By San Diego Attorney on May 19, 2025

A restraining order violation is not an error that is easily dismissed. It is a criminal offense that can carry severe consequences, particularly when it is tied to a domestic violence court order.

But many people underestimate the seriousness of these charges, not realizing how a single misstep can have devastating long-term legal and financial consequences.

At jD Law Criminal Defense Attorneys, we routinely help clients who have violated protective orders. Our role is not to judge. We are here to defend your rights and build a protective order legal defense in San Diego that reflects your full situation.

What Is a Restraining Order?

A restraining order, also called a protective order, is a legal document issued by a court to limit the behavior of someone who is alleged to pose a threat or danger to another person. It may prohibit all contact, from physical to verbal to electronic, or restrict the individual from being in certain locations, such as someone’s home, workplace, or a child’s school.

In California, there are several types of restraining orders, including:

• Emergency protective orders (EPOs)
• Temporary restraining orders (TROs)
• Criminal protective orders (CPOs)
• Permanent restraining orders

In cases involving alleged domestic violence, the most common is a domestic violence court order, often requested by a current or former intimate partner.

These orders are enforceable by law, meaning that violating any of the terms is a criminal act, even if the protected party initiates contact or appears to welcome the interaction.

Violating a Restraining Order Is a Serious Offense

Violating a restraining order is typically charged under California Penal Code § 273.6. To be convicted, the prosecution must prove:

1. A valid court order existed
2. You knew about the order
3. You had the ability to comply
4. You willfully failed to comply

This means that intent is not the only consideration. Even a brief text message, an accidental run-in at a shared location, or a misunderstood attempt to reconcile can be interpreted as a violation.

The penalties vary based on the nature and history of the offense.

First Offense

• Misdemeanor
• Up to 1 year in county jail
• Fines up to $1,000
• Mandatory counseling or anger management programs
• Possible additional conditions, such as community service or restitution

Aggravated or Repeat Offenses

If the violation involves violence, threats, or prior convictions, it may be charged as a felony, which carries severe penalties:

• State prison sentence up to 3 years
• Fines up to $10,000
• Additional penalties for violating probation or parole

These penalties can have ripple effects. For example, you could lose your right to possess firearms, damage your employment prospects, and face increased scrutiny in family court matters like custody or visitation.

Common Scenarios That Lead to Violations

Many clients reach out to our law firm after falling into avoidable traps. Here are a few common ways a restraining order gets violated:

• Mutual contact: The protected party reaches out, and you respond, unaware that you are still bound by the court order.
• Social media contact: Liking a post, tagging someone in a photo, or messaging on a platform can be used as evidence of a violation.
• Third-party communication: Asking a mutual friend or relative to pass along a message counts as indirect contact and can lead to charges.
• Being in the wrong place at the wrong time: You visit a location where the protected party happens to be. Unintentional proximity can be misinterpreted.

What You Should Do If You Are Accused of Violating a Protective Order in San Diego

Do Not Engage Further

If you are contacted by the protected party, do not respond. Even a reply meant to defuse tension or explain yourself could be used as evidence. Assume that all communication—text, email, voicemail, and even social media—is being monitored or documented.

Contact a San Diego Criminal Defense Attorney Immediately

You need experienced legal representation. Do not wait until your arraignment or a court date has been set. The earlier you retain a San Diego defense attorney, the sooner we can:

• Review the restraining order’s exact terms
• Examine the alleged violation
• Challenge whether the act was intentional or even occurred
• Develop mitigating evidence, including witness testimony, GPS data, or communications
• Pursue dismissal, charge reduction, or pre-trial diversion programs

At jD Law Criminal Defense Attorneys, founding attorney James N. Dicks is a Certified Criminal Law Specialist with decades of experience in handling restraining order cases.

As a former Los Angeles Police Department investigator, attorney James understands both sides of these charges and uses that insight to challenge weak or exaggerated accusations.

Thoroughly Prepare for Court

Our law firm treats restraining order violations as a serious criminal defense matter, because that is exactly what they are. From the moment you are charged, we begin building your defense by collecting evidence and interviewing witnesses.

The outcome of your case may depend on how prepared and persuasive your legal team is. Courts in San Diego are especially cautious in domestic violence-related cases. But we know the local courts, judges, and prosecutors, and can tailor your case strategy accordingly.

Prompt Legal Action Matters

A restraining order violation often serves as a gateway charge. This means that once it is on your record, it can be used to justify more aggressive action in future legal matters, from criminal enhancements to immigration proceedings to family law disputes.

Taking early, decisive legal action is not just a defense tactic—it is a form of damage control.

We offer comprehensive protective order defense to clients in California, helping them:

• Fight wrongful allegations
• Negotiate for reduced charges
• Challenge restraining order validity
• Defend your rights in court

Talk to an Experienced San Diego Criminal Defense Lawyer Today

A single mistake should not define your future, but that is exactly what a restraining order violation in San Diego can do if it is not handled correctly. The good news is that you do not have to face it alone.

jD Law Criminal Defense Attorneys is here to advocate for your future. Lead attorney James N. Dicks has been selected to receive the Client Choice Award from AVVO seven times and can protect your rights.

Take control of your defense now by calling (760) 630-2000 to schedule your free consultation.