Are you waiting for your trial for violating your restraining order? Are you looking to post bail so you can go home, and properly prepare for your case? If so you have come to the right place, as below you will find all the information you would need about how restraining orders work in California, and how to make bail for a restraining order violation. Keep reading to find out more.
Defining restraining orders
Restraining orders, or as they are sometimes also known, proactive orders are court documents that prevent one party from being in contact with or harming another. The party that is protected by the order is known as the protected person. While the party whose behavior is restricted by the order is known as the restricted person. A restraining order can protect a single person, or more than one person such as the children, or family of the initial protected party.
What is the purpose of a restraining order?
The purpose of a restraining order is to safeguard the protected party from harm caused by the restricted party. This harm can take several different forms and could include abuse, harassment, threats, and physical violence.
How do I know if I have a restraining order against me?
In California law, a restricted person will be notified that they have a protective order or restraining order issued against them. This notification may happen verbally, by mail, or in the form of an in-person judicial notice.
Restraining orders in California
Laws regarding restraining orders differ from state to state. However, concerning California, you can expect a restraining order to specifically detail the types of restrictions that are imposed on the person to which the order has been served.
In some cases, this will include a restriction on the physical level of interaction you can have, and in many online contact and message prohibitions will also now be included.
What are the different levels of Protective Orders in California?
A full stay-away restraining order is one type of protective order that is used in California. The other is a peaceful protection order. They differ because a full stay-away restraining order means the named parties cannot have any contact with each other at all. However, with a peaceful contact order parties can stay in contact but must abide by the rules and limitations put in place by the order.
The judge will choose whether to issue a full stay-away restraining order or a peaceful protection order based on any threatening behavior that has either been done to people such as damage to a home, or vehicle, in-person harassment, or online such as threatening messages or constant calls.
Stay-away orders tend to be issued when there are threats of harm and intimidation. This means that in criminal cases, judges can issue a protective order to protect a witness or victim. A stay-away order is also always issued when the defendant is found guilty of certain crimes.
Types of Protective Orders uses in California
Four types of protective orders are used in California. These include:
- Civil Harassment Restraining Order
- Elder or Dependent Adult Restraining Order
- Domestic Violence Restraining Order
- Workplace Violence Restraining Order
However, the most frequently issued order is the one relating to domestic violence or Domestic Violence Restraining Order (DVRO).
If I violate a restraining order, will I go to jail?
It is quite possible that you could face a stretch of jail time if you violate a restraining order. This is because such an order is bound by federal and state laws, and so charges can be brought against the one that violates it.
However, just like with most other offenses, the defendant may be released on bail before their hearing, at the court's discretion.
How much will bail cost for a restraining order violation?
If you are looking to post bail for a restraining order violation you can expect to pay a minimum of $15,000 in California. Although, each case will be evaluated by the court on its individual merits. Of course, your previous behavior as the defendant will play into this.
For example, bail amounts are likely to be higher if the court assesses you as a flight risk. This means you are more likely to try and skip bail and evade the law. Factors that they consider to assess this will include whether you have previously fled, and how serious the consequences you are facing are. For instance, someone looking at a life sentence if found guilty will be seen as a might higher flight risk than someone that is expected only to get community service.
Similarly, the impact that breaking your restraining order has on the other party involved will also play a part in determining how much your bail will cost. Indeed, if they have suffered an injury because of your broken restraining order, then the court will aim to keep you in jail to protect the other party. This means they are more likely to set the bail price much higher.
If you find that your bail cost is high or you are struggling to raise the money to pay it, you can work with a bail bondsman to help you raise the money you need.
Choose Alana’s Bail Bonds for all your restraining order violations, bail bonds are needed today!
If you are looking to post bail on a restraining order violation, you’ll be pleased to discover that Alana’s Bail Bonds offers 24-hour service to all of California by phone and online. We even have local bail agents available to meet at the jails or courts too.
Alana’s Bail Bonds is a female military veteran-owned and managed business, and we are proud to offer military discount bail bond services. We always provide a fast easy payment plan with 0% interest financing and no collateral needed in most cases. Our prices are the lowest bail bond prices guaranteed!
Also, our agents are friendly, licensed, and bilingual in English and Spanish. If you choose Alana’s Bail Bonds you can be sure of a nonjudgmental and confidential service too.
Bail Bond costs in California are typically set at 10% of the bail amount, however, the good news is that we do not charge interest or hidden fees. We are also proud to offer discounts of up to 30% for military members, homeowners, qualified union members, first responders, government employees, and teachers.
Lastly, our Bail Bonds can be processed online using DocuSign or by phone from anywhere, so we can help you get home as fast as possible.