Your First Call When
Charged With A Crime

Photo of Robert Ernenwein and Michelle A. Mathes

Your First Call When
Charged With A Crime

Photo of Robert Ernenwein and Michelle A. Mathes
Photo of Robert Ernenwein and Michelle A. Mathes

My partner is violating a restraining order. What should I do?

On Behalf of | May 31, 2022 | Criminal Defense |

If you are a victim of domestic violence, you should consider obtaining a restraining order against the abusive party. A restraining order bars the abuser from contacting you either directly or through a proxy. Unfortunately, it is not uncommon for the restrained party to violate an active order.

According to California Penal Code, violating the terms of a court-sanctioned restraining order is a criminal offense. If the restrained person is stalking, harassing, threatening or continuing with the abuse, you need to take action.

Here are three steps you need to take if the other party is violating the restraining order.

Call law enforcement

It is important that you call law enforcement anytime someone violates an active restraining order. Do not be tempted to handle the situation on your own or engage the restrained party in any way. Keep in mind that the court granted a restraining order because you needed one, so use it.

Even if the restrained party is not violent, but is rather acting in a manner that violates the provisions in the order, do not hesitate to call law enforcement.

File charges

If you plan on pursuing a criminal charge against the other party for violating the order, you will have to talk with the police department in whose jurisdiction the violation happened. It helps if you can provide the actual document since the police will need to confirm its existence and the provisions therein.

Alert law enforcement each time there is a violation

Anytime the court issues a restraining order in your favor, it means the law is on your side. Because the law is especially tough on repeat offenders, you need to call the police each time the restrained party violates the restraining order. This way, there will be a record to prove that the individual is a repeat offender.

A restraining order can be an important tool if you are dealing with an abusive party. Find out how you can protect your rights and interests if your ex is violating an existing restraining order against them.