Restraining Order Violation – California Penal Code 273.6(a) PC

 

What is a restraining order in California?

A restraining order, also referred to as a protective order, is a court mandate that prohibits you from making contact with a named individual or from visiting a specified location. In the criminal context, restraining orders are typically issued for cases involving physical violence or threats of harm to the victim. There are different types of restraining orders in California, and they can be issued pending trial and will forbid you from making contact with the victim. If you are found to be in violation of the terms of the order, you can be convicted of violating a restraining order under California Penal Code section 273.6(a) PC.
 

Prosecution for violation of a restraining order

In order to prove that you violated a restraining order under California Penal Code section 273.6(a) PC, the prosecution must show:

• The court lawfully issued a written restraining order  AND
• The court order was a restraining order or protective order directed at your conduct  AND
• You knew of the court order  AND
• You had the ability to follow the court order AND
• You intentionally violated the court order

 

Defenses to a charge of violation of a restraining order

There are a number of defenses that a California violation of a restraining order defense lawyer at Wallin & Klarich can raise on your behalf. Your attorney can argue:

• Lack of intent
• Lack of knowledge
• Inability to follow the court order
• The restraining order was not lawfully issued.

Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a defense attorney at Wallin & Klarich to learn more.
 

Violation of a restraining order sentencing and punishment

According to the California Penal Code section 273.6, the sentencing and punishment for violation of a restraining order depends on whether the offense is charged as a felony or misdemeanor. In addition, the possible punishment you face can be more severe if the victim sustains physical injury or if you have already been convicted of a previous violation. A misdemeanor conviction is punishable by imprisonment in county jail for up to a year and a maximum $1,000 fine. A felony conviction can result in 16 months, 2 or 3 year in county jail and a maximum $10,000 fine.
 

Violation of a restraining order FAQ’s

To help you understand the various aspects of a violation of a restraining order charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:

Will a restraining order appear on my criminal record?

How is a restraining order served?

If I think that a restraining order is invalid, based on false information, or improperly served, can I ignore it?
 

Where can I find the most experienced attorneys in California to handle my violation of restraining order case?

If you are confronted with accusations of violating a restraining order, it is essential that you contact an experienced defense lawyer who is familiar with such cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura and Victorville, Wallin & Klarich has successfully represented clients facing violation of a restraining order charges for over 30 years. We have the knowledge and the know-how to win your case.

 

Call us today at 1-888-749-0034 or fill out our intake form. We will be there when you call.