Restraining orders are powerful legal tools—but they’re also easy to violate, sometimes without even knowing it. A single text message, accidental encounter, or misinterpreted post can trigger criminal charges, even if the original situation was minor.
If you’ve been accused of violating a restraining order in Fullerton, don’t wait. The consequences can be severe, including jail time, fines, and a permanent criminal record. You need a skilled restraining order violation attorney in Fullerton on your side—someone who understands the nuances of these cases and how to fight them.
At Not Guilty Law, defense attorney Jeffrey Kent brings over 30 years of courtroom experience in defending clients facing these high-stakes accusations. Our goal is simple: protect your rights and your future.
What Counts as a Restraining Order Violation?
Under California Penal Code § 273.6, it is a crime to knowingly and intentionally violate the terms of a valid restraining or protective order.
A restraining order may prohibit you from:
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Contacting the protected person directly or indirectly
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Coming within a certain distance of them (typically 100–300 yards)
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Visiting their home, workplace, or school
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Possessing firearms
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Posting about them on social media
Even if the other person initiates contact, it’s still illegal for you to respond. One mistake can result in an arrest—and prosecutors often pursue these charges aggressively.
Types of Restraining Orders in California
There are multiple forms of protective orders, including:
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Emergency Protective Orders (EPOs) – Issued by police at the scene, usually valid for 5–7 days.
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Temporary Restraining Orders (TROs) – Short-term orders that last until a court hearing.
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Criminal Protective Orders (CPOs) – Issued in criminal cases, especially those involving domestic violence.
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Civil Harassment Restraining Orders – Filed by private individuals, even in the absence of a crime.
Violating any of these orders is a crime. If you’ve been served or arrested, contact us right away through our Contact page to protect your rights.
Penalties for Violating a Restraining Order
Misdemeanor Violation (Most Common):
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Up to 1 year in county jail
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Fines up to $1,000
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Probation and counseling
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Community service
Felony Violation (When Involving Violence or Repeat Offenses):
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Up to 3 years in state prison
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Strike under California’s Three Strikes Law
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Higher fines
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Loss of firearm rights
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Immigration consequences
Having a restraining order violation conviction on your record can damage your reputation, employment, custody rights, and housing opportunities. Don’t leave your future to chance—work with a top-rated Fullerton restraining order violation attorney to fight back.
Common Scenarios That Lead to Violations
Even well-meaning or accidental actions can result in charges. Some common situations include:
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Responding to a text message or call from the protected person
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Being in the same public place, like a store or restaurant
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Dropping off kids at school or at a shared custody exchange point
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Tagging or mentioning the protected person online
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Returning to a shared residence when not allowed
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Failing to turn in firearms after being served
Our team has successfully defended clients in all of these scenarios. We investigate thoroughly, cross-examine witnesses, and challenge the assumptions made by law enforcement and prosecutors.
See real examples of our work on our Notable Cases page.
Strategic Defenses to Restraining Order Violations
You are innocent until proven guilty, and many restraining order violations are based on misunderstandings, false accusations, or unclear boundaries. We use strategic defenses such as:
1. Lack of Knowledge
You didn’t know about the restraining order—or the specific terms weren’t explained clearly.
2. No Willful Violation
You did not intentionally violate the order. This is critical, as the law requires intent.
3. Protected Person Initiated Contact
Even though the law prohibits you from responding, the court may consider this context.
4. Mistaken Identity
In public encounters or online situations, you may be wrongly accused of making contact.
5. Invalid or Expired Order
In some cases, the restraining order may no longer be valid or may have procedural issues.
We build your defense around the details of your case and focus on protecting your freedom. Learn more about our legal approach on our Practice Area page.
Why Clients Trust Not Guilty Law
Led by veteran defense attorney Jeffrey Kent, our firm has earned a reputation for providing fierce advocacy in complex and emotionally charged cases. We offer:
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Decades of courtroom experience in Fullerton and Orange County
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In-depth knowledge of restraining order laws and procedures
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Compassionate, confidential support through a difficult process
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A track record of dismissals, reductions, and acquittals
Check out what our past clients have to say on our Client Reviews page:
“Mr. Kent was honest, direct, and got my violation dismissed. I thought my life was over. He saved my job and kept me out of jail.”
— Former Client, Fullerton
FAQs About Restraining Order Violations
Can I be arrested if the other person contacted me first?
Yes—but it may help your defense. The law prohibits you from initiating or responding, regardless of who started it.
What if I didn’t understand the order?
Lack of clarity is a common issue. If you didn’t receive proper notice or explanation, it could be a defense.
Will this stay on my record forever?
A conviction will appear on your criminal record—but in many cases, we can get charges dismissed or later seek an expungement.
Can a restraining order affect my custody rights?
Yes. Judges take these allegations seriously in family court. That’s why it’s important to resolve violations quickly and favorably.
Take Action Now – Speak to a Fullerton Restraining Order Violation Attorney
Being charged with violating a restraining order is frightening—but you’re not alone. At Not Guilty Law, we understand how confusing and emotional these cases can be. Our job is to give you clarity, defend your rights, and protect your future.
Schedule a free, confidential consultation today through our Contact page or call us directly. You can also learn more about our firm’s mission and values on our About page.
Accused of violating a restraining order in Fullerton?
Let Not Guilty Law fight for your freedom—and help you move forward with confidence.