What Happens if You Violate Your Own Restraining Order in California?
June 10, 2025 | Nafiz M. Ahmed
Restraining orders in California protect people from abuse, harassment, threats, or violence. Usually, the restrained person (the person subject to the restraining order) must stay away and have no contact with the protected person (the person who sought the order).
However, what happens if you, the person who requested the restraining order, decide to contact the restrained person yourself? This blog post will fill you in on what might happen in this circumstance under California law.
Can You Get in Trouble for Violating Your Own Restraining Order?
Under California law, restraining orders only legally limit the restrained person. They must avoid all contact with the protected person (you). The order doesn’t specifically say you can’t reach out to them. So, if you initiate contact with the restrained person, you usually won’t face criminal charges yourself.
However, just because you won’t get arrested for contacting the other person doesn’t mean it’s a good idea. Choosing to do this can lead to complicated situations and unintended consequences.
Potential Problems Caused by Violating Your Own Restraining Order
Even though you won’t typically face criminal charges, there are still important reasons why you shouldn’t violate your own restraining order.
Here are some issues it could cause:
- Weakening your legal protection: If you contact the restrained person, the court might think you no longer fear them or don’t really need protection. This could make it harder for you to keep or renew your restraining order in the future.
- Creating confusion: When both sides start communicating, it can complicate the situation. Police or judges might later have trouble determining who broke the rules first, causing issues if you ever need help enforcing the order.
- Encouraging future violations: If you contact the restrained person first, they might mistakenly think it’s okay to reach out later. If they contact you afterward, even innocently, they could face serious penalties like fines, jail time, and more.
These potential complications show that it’s important to follow your restraining order carefully, even though it technically only restricts the other person.
What Should You Do if You Want to End or Change Your Restraining Order?
If you feel your restraining order is no longer necessary, don’t just start talking to the other person again. Instead, follow the correct legal process to change or end the order. In California, this typically means filling out and filing the proper forms requesting modification or termination and attending a court hearing to explain why you no longer need protection.
By officially changing or ending your restraining order, you help ensure your actions won’t cause unintended issues later.
What if the Restrained Person Contacts You Back?
Even if you contacted the restrained person first, they can still face legal trouble if they respond or later reach out. The restraining order clearly says they must not have contact with you, no matter who starts it.
This means your decision to communicate can accidentally put them in violation of the restraining order per California Penal Code 273.6, risking serious penalties for them that could include criminal charges or arrest.
Contact a Redwood City Criminal Defense Lawyer at Ahmed & Sukaram, Criminal Defense Attorneys for Help With Your Restraining Order
Restraining orders are important legal protections, but they can also have confusing implications. If you have questions about changing, ending, or navigating your restraining order, speak to an experienced Redwood City criminal defense lawyer from Ahmed & Sukaram, Criminal Defense Attorneys. They can explain your situation clearly, help you avoid mistakes, and ensure you follow the law carefully.
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500