restraining order

November 18, 2021

What Happens When You Violate Your California Restraining Order?

If you were issued a restraining order in California, you are required to follow the guidelines set forth in that decree. Violations of these legal pronouncements are a crime, and because of this, jail time and fines could be the end result.

It is best to get in touch with a San Diego criminal defense attorney as soon as you can once charges are made that you violated your restraining order terms. The best way to counter your charges is to get a talented and knowledgeable legal professional on the case and in a position to best protect your interests. David M. Boertje is a San Diego criminal defense lawyer who has helped countless individuals facing criminal legal challenges overcome their situation and secure the best possible outcome. David M. Boertje can assist you with your specific legal predicament.

What Punishments Can Result From a California Restraining Order Violation?

September 9, 2015

California Stalking Laws

by David M. Boertje

Each year 7.5 million people are stalked, with 61% of the victims being female. 44% of the victims are stalked by a former intimate partner. In the current digital era, studies indicate that the rates of stalking and harassment have increased, and areas such as Southern California have higher rates than other parts of the nation. Stalking, cyber-stalking, harassment, and bullying are all similar bad acts. Sometimes it can be the result of a misunderstanding or vindictive accuser. Other times, spouses dealing with divorce start accusing each other of stalking or harassment.

What is Stalking?

California Penal Code 646.9 defines stalking as following, harassing, and/or threatening another person to the point where s/he fears for his or her safety, or the safety of his or her family. As with the standard for threats, one must have had a ‘reasonable fear’ in order to fulfill the standard for stalking.

August 27, 2015

Recent Arrest of UFC Fighter Highlights Complexity of Domestic Violence Law

by David M. Boertje

The recent arrest of retired UFC fighter Chris Leben in San Diego in connection with an incident between the fighter and his estranged wife serves as a cautionary tale of the seriousness of domestic violence charges in California.

Mr. Leben was arrested on multiple charges, including the violation of a restraining order. Though Mr. Leben’s recent arrest was not based on charges of assault or domestic violence, the restraining order obtained by his wife makes reference to physical violence. However, Mr. Leben has strongly denied any and all charges of domestic violence and claims that, in fact, he has been the victim of years of domestic violence at the hands of his wife. In a recent interview, Mr. Leben highlighted how charges of domestic violence pose a significant threat to his character and his livelihood.

Domestic Violence in California