Former "The OC" actress Mischa Barton was granted two separate restraining orders versus two ex boyfriends, one of whom allegedly recorded himself and Barton engaged in sex acts and also allegedly took pictures of Barton while she was undressed. Barton was granted a temporary Cvil Harassment Restraining Order after learning that someone was offering to sell sexually explicit video or videos of Barton, and was demanding a minimum price of $500,000.
Corpus followed the public confrontation with texts to several people, promising "justice" for her former co-worker.
Barton obtained restraining orders against Jon Zacharias and Adam Shaw, described as former boyfriends of the actress. The orders, granted to Barton on Tuesday and obtained by TheWrap, state that Zacharias and Shaw "may not sell, distribute, give away or show any naked photos or videos of any type of Mischa Barton.
According to the orders, Barton began dating Zacharias in October, and during their "brief time together" he "recorded me having sex with him, taking a shower and took other naked pictures of me WITHOUT MY PERMISSION OR KNOWLEDGE. Jon is trying to sell those tapes without my permission for $500,000."
In California, while actual violence or threats of violence are common when civil harassment restraining orders are granted, other conditions justifying a restraining order can be present. A “course of conduct” that seriously alarms, annoys, or harasses a person and serves no legitimate purpose can be sufficient for a restraining order to be requested and eventually granted.
A civil harassment restraining order can last up to three years and can include stay away orders, orders prohibiting negative conduct, or any other type of conduct the court hearing the request deems appropriate. In this case, the restraining order prevented either of the two men restrained (the respondents) from selling or distributing the video in question or engaging in a similar act with similar types of media.
This type of restraining order is slightly different than most orders in that it did not restrict the behavior (other than that related to the video or videos) or locations that the restrained men can engage in or go to. Penalties for violating civil harassment restraining orders, assuming no injury occurs, can include up to five years summary probation, and in certain situations, can lead to up to one year in county jail. If a respondent to a restraining order has previously been convicted in criminal court for a separate violation, he or she can be charged with a felony if injuries occur during the course of the restraining order violation. A felony can carry a sentence of up to three years in state prison, along with an inability to ever have the felony conviction expunged from the defendant's record (if he or she in fact did serve time in state prison).
Other types of restraining orders can include domestic violence restraining orders, elder abuse restraining orders, and workplace violence restraining orders. A violation of any of these types of orders carry penalties in line with those discussed above. Avoiding a restraining order is the best way to avoid being charged with a restraining order violation.