What will happen if I violated a restraining order? 5 Answers as of May 03, 2011

I went to pick up my child from his father and have been contacting his father by phone. It turns out the phone belongs to the new girlfriend that has a restraining order against me. The day I picked up my son my ex instructed me to pick him up in the city that later turns out to be the city the girlfriend lives in. I found this out by stopping on the way out to a gas station and when I pulled out she was parked with a camera in hand. I just proceeded out of the area and called the police from my home and made an incident report. I have court on the 30th for a restitution hearing I am nervous. This women has made my life a living nightmare my original charges were vandalism because I threw a rock at my ex and damaged the car window during a fight with him. She is the owner. I am deeply concerned the detective contacted me and I explained to reference the incident report and also explained the pick up arrangement on the restraining order no address is referenced I had no idea she lived near.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Space doesn't permit a complete analysis of all the facts of your case but violation of a civil restraining order is a criminal offense under several statutes punishable by up to 6 months in jail. Of course the violation has to be willful and not accidental but that doesn't mean you won't be charged if the cop thinks there is probable cause to believe it wasn't.
Answer Applies to: California
Replied: 5/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You did not knowingly violate the restraining order. Do not admit a violation of probation. You were set up, obviously. Save your texts. Take your phone records to Court. Go to hearing if a violation of probation is filed.
Answer Applies to: California
Replied: 5/2/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
There are various penalties if you are found to have violated a restraining order: contempt, fines, even custody. Sounds like you have a valid defense and you did the right thing by notifying the police first. But you may still have to go through the process of defending yourself. I'm sorry this happened to you. Feel free to call me if you are in San Diego.
Answer Applies to: California
Replied: 5/2/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Please get a lawyer as if they believe her you could do some county jail time.
Answer Applies to: California
Replied: 5/2/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Violation is a contempt of court that can be punished like a crime with jail and fines. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 5/2/2011
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