What Happens When a Domestic Violence Restraining Order is Violated

In California, a domestic violence restraining order (DVRO) is a legally binding court order. It exists to protect individuals from abuse, threats, stalking, or harassment by someone with whom they share a close relationship, such as a spouse, former partner, or family member. While the intent of these orders is to ensure safety, violating one can lead to serious legal and personal consequences.

Understanding what a DVRO entails and its risks is critical, especially if you’re the subject of such an order or are involved in a domestic dispute. Let’s break down what happens when a DVRO is violated in California and why it’s something the courts and law enforcement don’t take lightly.

Understanding Domestic Violence Restraining Orders

A DVRO in California is issued when someone alleges abuse by a person close to them. Abuse, in this context, doesn’t just mean physical violence. It can also include verbal threats, emotional manipulation, harassment, or even surveillance and stalking.

The restraining order sets legal boundaries that the restrained person must follow. These may include staying a certain distance from the protected individual, avoiding all forms of contact (including texts or emails), and surrendering any firearms they own.

There are several forms of DVROs:

Emergency Protective Orders can be issued quickly by police in urgent situations and typically last a few days.
Temporary Restraining Orders are often issued until a court hearing can take place, usually lasting a few weeks.
Permanent Restraining Orders may be issued if the court finds that long-term protection is warranted. Permanent restraining orders can last up to five years and may be renewed.

What Counts as a Violation?

A violation occurs when the restrained person intentionally disobeys the conditions of the order. This might include making phone calls to the protected individual, sending them messages on social media, showing up uninvited at their home or workplace, or even contacting them through a mutual friend or relative.

It’s important to note that even if the protected person initiates contact, the restrained person is still legally required to follow the order. Only the court can change the terms, and until that happens, full compliance is required.

Legal Penalties for Violating a DVRO

Violating a domestic violence restraining order in California is a criminal offense under Pen. Code, §§ 166(c)(1), 273.6. The seriousness of the consequences can vary depending on the nature of the violation and whether it’s a first-time offense.

Misdemeanor Charges

A violation is generally charged as a misdemeanor if it is a first offense. Penalties can include:

Up to 1 year in jail
Up to a $1,000 fine
Mandatory counseling or anger management classes
Community service
Protective orders renewed or extended

Felony Charges

When the violation involves violence, threats, or repeat offenses, it may be escalated to a felony, which carries heavier consequences:

Up to 3 years in prison
A fine of up to $10,000
Extended restraining orders
Potential loss of custody or visitation rights
Mandatory registration as a domestic violence offender (in some cases)

Probation

In some cases, the court may impose probation instead of jail time. However, this often includes strict conditions such as regular check-ins with a probation officer, GPS monitoring, and mandatory participation in domestic violence intervention programs.

Collateral Consequences

The impact of violating a restraining order often goes beyond the courtroom. It can affect many aspects of a person’s life, particularly if family law matters, like child custody or divorce, are involved.

Family Law Consequences

In custody cases, for example, a DVRO violation can be used as evidence that a parent poses a danger or creates instability. This can result in limited or supervised visitation, or even complete loss of custody. Courts prioritize the safety of children, and a proven violation often weighs heavily against the offending parent.

Immigration Consequences

The stakes can be even higher for individuals who are not U.S. citizens. A violation could result in deportation or render someone ineligible for a visa, green card, or U.S. citizenship. These consequences can follow someone for years and are very difficult to undo.

Employment Consequences

Employment opportunities may also be affected. Many employers conduct background checks, and a conviction for violating a restraining order, especially one tied to domestic violence, can disqualify applicants from certain positions, particularly in education, healthcare, or law enforcement. Additionally, professional licenses may be revoked or suspended.

Firearms Consequences

Another significant consequence is the loss of firearm rights. Both state and federal laws prohibit individuals subject to DVROs from owning or purchasing firearms. Violating this prohibition can result in additional criminal charges and potentially permanent loss of gun rights.

What Happens If You’re Accused of a Violation?

If you’re accused of violating a DVRO, it’s essential to take the situation seriously. Even if the accusation seems unfounded or you believe there was a misunderstanding, the law requires a response. The best course of action is to consult an experienced attorney who can review the details of your case and help you understand your legal options.

Not all accusations of violating a DVRO are clear-cut. Defenses may include:

Lack of Intent — The contact was unintentional or unavoidable
False Allegations — The protected person falsely reported a violation
Ambiguous Order — The restraining order’s terms were unclear or confusing
Emergency Situations — Contact occurred in a life-threatening context (e.g., car accident, medical emergency)

The Gorski Firm, Trusted Legal Guidance When It Matters Most

Violating a domestic violence restraining order in California can have life-changing consequences. The legal system in California is structured to protect those who are vulnerable, and it takes restraining order violations very seriously.

If you believe the order is unjust or you’ve been wrongly accused of violating it, work through the legal system to make your case. With the proper legal support, it’s possible to navigate the situation while minimizing long-term damage.

The Gorski Firm has extensive experience in both family and criminal law. We understand the delicate and high-stakes nature of domestic violence restraining orders. Whether you’re facing allegations of a violation or seeking guidance on defending your rights, our team offers compassionate, strategic, and results-driven legal representation. We work tirelessly to protect your freedom, family, and future.