Restraining Order Violation Penalties

Summary

In California, plaintiffs in restraining order cases cannot determine penalties for violations; courts decide based on laws and circumstances. Plaintiffs can report violations and attend hearings to provide testimony and evidence. An arrest without jail time is termed cited and released or released on own recognizance, and is still considered an official arrest.

Full Conversation

In California, does a plaintiff in a restraining order lawsuit have any say in terms of the punishment that the restrained person receives after violating the restraining order?
In California, the plaintiff does not have a direct say in the punishment for a restraining order violation. The court determines penalties based on laws and circumstances. Plaintiffs can report violations, and their input may influence the court's decisions. Would you like more information on reporting violations?
Yes. And can the plaintiff attend such court hearings?
Yes, the plaintiff can attend court hearings related to the violation of a restraining order. They can provide testimony and evidence to support their case. Would you like more details on how to report a violation or what to expect during the hearing?
Yes
Here’s some general information on reporting a violation and what to expect during the hearing:
- Reporting a Violation: You can report the violation to local law enforcement or the court that issued the order. Provide any evidence or documentation of the violation.
- During the Hearing: You may be asked to testify about the violation. Present any evidence or witnesses that support your case.
Would you like assistance with finding local resources or contacts for further help?
No. What do you call an arrest without jail time?
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An arrest without jail time is often referred to as being "cited and released" or "released on own recognizance (OR)." In these situations, the arrested individual may receive a citation with a court date and is allowed to go home without being held in jail.
Is it still considered an arrest officially?
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Yes, being "cited and released" or "released on own recognizance" is still considered an official arrest. Although the individual is not held in jail, the arrest is recorded, and they are expected to appear in court on the assigned date.