What happens in California if the plaintiff violates a restraining order?

Answer 1

If the plaintiff (meaning the one who asked for the restraining order) violates the very order they requested, and seeks out the other party then they could be subject to the same penalty as the person against whom the order was sought. The options which the judge may exercise are broad. It can become very complicated depending upon the restrictions the judge set in place. Since it was a TEMPORARY order - the judge COULD just vacate the order and dissolve it.

Answer 2

Neither party can violate a restraining order. The same penalties apply to either party (or any third party).

Parties do violate restraining orders. If it is violated, call the police and file a report. Most likely, there will be a hearing regarding the violation.

Defendants in restraining order cases have the same right to ensure the enforcement of the order as the plaintiff. That was the proper response to the question. Calling the police and getting someone arrested is often not the best response. The police do not "file a report." They arrest or not arrest. A hearing is triggered by the arrest or by a motion or application for contempt, which is often the best response to a violation.

"Call the police" fails to clarify if the defendant has that right.

I got news for you. In Mass the person who gets a restraining order against the other person is not in violation when she or he contacts that person. It's a common occurrence for the plaintiff to contact the defendant and even sleep with him or her several times or for several weeks until she or he doesn't like something he or she does, then she or he calls the cops says he or she contacted her or him and off he or she goes to jail. And don't think for one minute that the police don't file the report because they often file reports for someone to obtain a restraining order and against one who violates. Where are you from? In Mass you also better be the one to file for the restraining order first because the courts won't listen to the defendant after it's been ordered.