Violating a Restraining Order in Glendale Carries Criminal Penalties

A restraining order violation in Glendale is a criminal matter, not a civil one. When you break the terms of a restraining order — whether by contacting the protected person, going near their home or workplace, or any other condition the court set — you can be arrested and charged with a misdemeanor or felony depending on your history and the nature of the violation.

California Penal Code Section 273.6 makes it illegal to violate a protective order. The consequences include jail time (up to one year for a misdemeanor, up to four years for a felony), fines, a criminal record, and a suspended driver's license in some cases. Glendale police enforce these orders actively, and violations are taken seriously by the Glendale Police Department and the Los Angeles County District Attorney's office.

If you have been arrested or charged with violating a restraining order in Glendale, or if you have a suspended license related to such a charge, you need to understand what you are facing and what your options are. A local attorney who handles these cases in Glendale can review the specific allegations, the terms of your order, and the evidence against you.

Key Takeaways

  • Violating a restraining order in California is a criminal offense under Penal Code 273.6, punishable by jail, fines, and a permanent criminal record.
  • A suspended license can result from a restraining order violation conviction or as a condition of probation imposed by the court.
  • Glendale cases are prosecuted by the Los Angeles County District Attorney and heard in Glendale Municipal Court or Los Angeles Superior Court depending on the severity.
  • An attorney can challenge whether the violation actually occurred, whether you had knowledge of the order's terms, or whether the evidence is sufficient to prove the charge.
  • Restoring a suspended license requires completing the sentence, paying fines, and filing a petition with the court or DMV depending on the reason for suspension.

How Restraining Order Violations Are Prosecuted in Glendale

When you are arrested for violating a restraining order in Glendale, the case is filed in Glendale Municipal Court if it is charged as a misdemeanor, or in Los Angeles Superior Court if it is charged as a felony. The Glendale Police Department investigates the violation, and the Los Angeles County District Attorney decides whether to prosecute.

The prosecution must prove three things: that a valid restraining order existed, that you knew about it, and that you intentionally violated one or more of its terms. Many violations are documented by the protected person calling police, by police observation, or by evidence like text messages, emails, or witness statements. Some violations are reported by the protected person's attorney or through a monitored contact system.

Your first court appearance in Glendale will be an arraignment, where you will be informed of the charges and your rights. At this stage, bail or release conditions may be set. If the restraining order is still in effect, the court may order you to maintain distance from the protected person as a condition of your release.

Suspended License as a Consequence of Restraining Order Violations

A suspended license can result from a restraining order violation in two ways. First, the court may suspend your license as part of your sentence or as a condition of probation. Second, if you are convicted and sentenced to jail time, the Department of Motor Vehicles may suspend your license automatically during your incarceration or as a collateral consequence of the conviction.

In Glendale and throughout California, a conviction for violating a protective order does not automatically trigger a license suspension under Vehicle Code Section 13200 the way a DUI does. However, the judge has discretion to impose license suspension as part of probation or sentencing, and many judges do so as a way to restrict your freedom of movement and reinforce the seriousness of the order.

If your license was suspended as a condition of probation, it remains suspended until you complete probation and the court lifts the suspension. If it was suspended by the DMV due to incarceration or conviction, you will need to file a petition with the DMV or return to court to have it reinstated once you have satisfied the underlying sentence.

What a Restraining Order Violation Defense Looks Like

An attorney defending a restraining order violation case in Glendale will examine whether the prosecution can actually prove the violation occurred. Common defenses include: you did not know about the order or its specific terms, the contact or conduct was accidental or unintentional, the protected person initiated the contact, the alleged violation did not actually occur, or the evidence is unreliable or inadmissible.

For example, if you are charged with violating a "no contact" order because you sent a text message, your attorney can argue that you did not send it, that it was sent without your knowledge, or that it was sent before you received notice of the order. If you are charged with violating a "stay away" order because you were seen near the protected person's workplace, your attorney can argue that you did not know they worked there, that you had a legitimate reason to be in that location, or that the identification was mistaken.

Another common issue is whether the original restraining order was properly served on you. If you were never formally served with the order, you cannot be convicted of violating it, because you cannot violate an order you did not know existed. Your attorney will review the proof of service in the court file.

Finding an Attorney in Glendale for Restraining Order Violation Cases

When you are facing a restraining order violation charge in Glendale, you should speak with a criminal defense attorney who has experience with these cases in Glendale Municipal Court and Los Angeles Superior Court. Many attorneys offer free initial consultations where you can describe what happened and learn what your options are.

Look for an attorney who has handled restraining order violation cases, understands the local court system in Glendale, and can explain the specific terms of your order and what the prosecution needs to prove. Ask about their experience with similar charges, what outcomes they have achieved, and how they charge for their services.

If you cannot afford an attorney, you have the right to request a public defender at your arraignment. The public defender's office in Los Angeles County handles many restraining order cases and can provide representation at no cost if you meet income requirements.

Steps to Restore Your Suspended License After a Conviction

Once you have completed your sentence, paid all fines and restitution, and satisfied any other court orders, you can begin the process of restoring your suspended license. The exact steps depend on whether your license was suspended by the court as a condition of probation or by the DMV as a collateral consequence of conviction.

If the court suspended your license as part of probation, you will need to file a motion with the court asking the judge to lift the suspension once probation is complete. Bring proof that you have finished probation, paid all fines, and complied with all other conditions. The court will then issue an order removing the suspension, and you can take that order to the DMV to reinstate your license.

If the DMV suspended your license, you can file a petition with the DMV requesting reinstatement. You will need to provide proof of completion of your sentence and payment of any fines. The DMV will review your petition and notify you of their decision. In some cases, you may need to pay a reinstatement fee.

Frequently Asked Questions

Can I be arrested for violating a restraining order if I did not know about it?

You cannot be convicted of violating an order you did not know about, but you can be arrested. The prosecution must prove that you had knowledge of the order's terms. If you were never properly served with the order, that is a strong defense. However, if the order was served on you and you claim you forgot about it, that is generally not a valid defense.

What if the protected person contacted me first?

If the protected person initiated contact in violation of the order, that does not automatically excuse your response. However, it can be relevant to your defense. If you responded only because they contacted you and you made clear you did not want further contact, an attorney can argue that your conduct was not intentional or that you did not violate the spirit of the order. This is a fact-specific defense that depends on the exact terms of your order.

How long does a restraining order violation stay on my record?

A conviction for violating a restraining order is a permanent criminal record in California. It does not disappear after a certain number of years. However, after you complete probation, you may be able to petition the court under Penal Code Section 1203.4 to dismiss the conviction and reduce it to a misdemeanor (if it was charged as a felony), which can help with employment and housing applications. An attorney can advise you on whether you are may be able to access.

Will a restraining order violation affect my immigration status?

If you are not a U.S. citizen, a restraining order violation conviction can have serious immigration consequences, including deportation. You should speak with both a criminal defense attorney and an immigration attorney before accepting any plea or going to trial. Some outcomes may be worse for your immigration status than others, and an attorney can help you understand the risks.

Can the restraining order be modified or lifted?

Yes. Either party can petition the court to modify or terminate a restraining order. If you believe the order is too restrictive or no longer necessary, you can file a motion with the court. However, filing such a motion while you are facing a violation charge can look like you are trying to escape accountability. An attorney can advise you on the timing and strategy of such a motion.