Legal Question in Criminal Law in California

if there is a restraining order against you, is it consider a crime?


Asked on 11/07/10, 7:30 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Issuance of the order does not imply that you committed a crime. Many restraining orders are issued in response to non-criminal conduct. Others address conduct that might have been a crime, but even then the case is civil and not criminal. You might be prosecuted for the same conduct that results in a restraining order, but that would be an entirely separate case.

Note, though, that intentionally violating a restraining order is often a crime. It is also punishable as contempt of court.

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Answered on 11/12/10, 8:03 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Hoffman. For some reason, we are getting this question frequently this week.

A restraining order is an injunction. An injunction is an order from a court directing you to do or not do something. With respect to restraining orders, it is usually an order that you do not do something. Restraining orders do require you to give up any firearms you own during the period of time that the restraining order is in effect.

It is not a criminal conviction. The conduct that led to the restraining order, however, could be separately prosecuted. Only in that circumstance, after conviction, would you be convicted of a crime. You would still have the right to defend those charges in a criminal court, and have the rights inherent in any criminal prosecution, such as the right to confront your accuser, the right to counsel, the right to a jury, a presumption of innocence until proven guilty, etc.

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Answered on 11/12/10, 8:08 pm
Terry A. Nelson Nelson & Lawless

No, but it means you lose your firearms rights, and it is frequently considered by employers as something like a felony.

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Answered on 11/13/10, 2:12 pm


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