New York Mets Player Charged with Contempt after Violating Restraining Order – CA Penal Code 166(A)(4)

In a court hearing on September 14, 2010, prosecutors charged New York Mets pitcher Francisco Rodriguez with contempt of court after he allegedly violated a restraining order by texting his girlfriend 56 times from August 19 to September 7, 2010.

The restraining order was issued in August after Rodriguez allegedly assaulted his girlfriend’s father. As a result of the alleged attack, Rodriguez suffered a hand injury that required surgery and ended his season.

During the hearing, Rodriguez’ attorney asked the court why a restraining order was issued against Rodriguez’ girlfriend, since it was his girlfriend’s father who was the alleged victim.  Rodriguez’ attorney further stated that his client did not know that he could not directly communicate with his girlfriend.

Prosecutors requested that Rodriguez be sent to jail immediately, but the court refused.  However, the court stated that if Rodriguez communicated with his girlfriend again he would be sent to jail.

Under California Penal Code section 166(a)(4), “[w]illful disobedience of the terms as written of any process or court order or out-of-state court order, lawfully issued by any
court, including orders pending trial” is misdemeanor contempt of court.  In the absence of other aggravating factors, contempt of court is punishable by up to six months in jail, up to $1,000 in fine, or both imprisonment and fine.

If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result.  At Wallin & Klarich, we have helped people accused of assault and contempt of court for over 30 years.  Call us at (888) 764-2615 or visit our website at www.wklaw.com.  We will be there when you call.

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