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What Happens If Your Child Violates a Juvenile Protective Order
A juvenile protective order is a court order that restricts a minor’s contact with a specific person, and violating it can result in serious consequences even if the original offense was relatively minor. At the Law Office of Katie Walsh, our Orange County juvenile defense attorney has represented teens who violated protective orders, sometimes without fully understanding what the order prohibited. Parents need to know what is at stake and what steps to take immediately if a violation occurs.
How Are Juvenile Protective Orders Issued in California?
Juvenile protective orders in California can be issued under Welfare and Institutions Code Section 213.5, which gives the juvenile court authority to issue restraining orders to protect victims, witnesses, or other parties involved in a juvenile case. These orders can prohibit the minor from contacting, threatening, or coming within a specified distance of the protected person. They may also restrict the minor from specific locations such as the victim’s school or home.
Protective orders can be issued at any stage of the juvenile court process, including at the detention hearing, during probation, or as a condition of disposition. The court does not need to wait for a conviction or sustained petition to issue one. Understanding how restraining orders work in juvenile cases is important for both the accused minor and their family.
What Are the Consequences of Violating a Juvenile Protective Order?
Violating a juvenile protective order can be charged as contempt of court or as a new criminal offense under Penal Code Section 166(a)(4), which makes it a misdemeanor to willfully violate a court order. For a minor already on probation, a violation can also trigger a probation violation hearing, which could result in more restrictive conditions, removal from the home, or placement in a juvenile facility.
The consequences depend on the nature of the violation. Sending a text message to the protected person may be treated differently than showing up at their school. But even a seemingly minor contact, such as a social media message or having a friend relay a message, can be considered a violation. The court takes these orders seriously, and judges in Orange County juvenile court do not treat violations lightly.
What Should Parents Do If Their Child Violates a Protective Order?
If your child has violated or may have violated a juvenile protective order, contact a juvenile defense attorney immediately. Do not have your child contact the protected person to apologize or explain, as this would constitute another violation. Gather any evidence that could support your child’s defense, such as text messages showing that the protected person initiated the contact or evidence that the violation was unintentional.
An experienced juvenile defense lawyer can request a hearing to address the violation and present mitigating circumstances to the judge. In some cases, the attorney may be able to argue that the contact was accidental, that the minor did not understand the scope of the order, or that the protected person invited the contact. Early legal intervention gives your family the best chance of avoiding the harshest consequences.
Talk to an Orange County Juvenile Defense Attorney About a Protective Order Violation
If your child is facing consequences for violating a juvenile protective order in Orange County, acting quickly matters. At the Law Office of Katie Walsh, our juvenile defense lawyer understands how juvenile protective orders work and how to defend against violation allegations. Contact us online for a free consultation, or call us today at (714) 351-0178.
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