What happens if an abuser violates a restraining order?

If an abuser violates a restraining order in California, they can be charged with a misdemeanor or a felony. Depending upon the severity of the violation, they may face up to one year in jail and/or a maximum fine of $1,000. In addition, the abuser may be subject to probation, restitution, community service and/or counseling. If the abuser is found guilty of a felony, he or she may face up to three years in prison and/or a maximum fine of $10,000. In addition, the abuser may be prohibited from owning or possessing a firearm and may be required to register as a domestic violence offender with the California Department of Justice. Other possible consequences of violating a restraining order include electronic monitoring, placement in a batterer’s treatment program, and the possibility of forfeiture of the abuser’s assets. It is important to note that regardless of the outcome of any criminal proceedings, the initial restraining order stays in effect until it is modified or revoked by a court order. As such, even if a restraining order is violated, the victim is still generally protected.

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