Punishment for Second Violation of a Restraining Order – PC 273.6
California Penal Code section 273.6 makes it a crime to intentionally or knowingly violate a restraining order that has been placed against you. If you violate a restraining order once, you may face severe consequences; but if you violate a restraining order for a second time, the consequences only get worse. For this reason, it is important that you contact an experienced criminal defense attorney to assist you through the court process. The attorneys at Wallin & Klarich are here to help you.
Second Violation of a Restraining Order Within One Year
If you are found to have violated a restraining order that has been placed against you for a second time in one year, and the victim suffers physical injury, you can be charged with either a misdemeanor or a felony. A misdemeanor conviction may result in you spending a minimum of 6 months and up to one year in county jail, a fine of $2,000, or both. A felony conviction may result in you spending up to three years in county jail. However, with the assistance of a knowledgeable defense attorney, you may be able to reduce the jail sentence you are facing.
California Penal Code section 273.6 also provides that the court may, “in the interest of justice,” reduce or eliminate the six month minimum jail sentence after you have served 30 days in jail. The court will look at the surrounding circumstances to determine whether your sentence should be reduced or eliminated, including:
(1) Whether there are additional allegations that you violated the restraining order before the court
(2) The probability that you may commit future violations
(3) The safety of the victim; AND
(4) Whether you have successfully completed or are making progress with counseling
Second Violation of a Restraining Order Within Seven Years
If you are convicted for a second violation of a restraining order within a seven year period, and the second violation involved some sort of violent act or threat of violence, you may also be facing jail time. You can again be charged with a misdemeanor or a felony. A misdemeanor conviction results in imprisonment in the county jail for up to one year.
Violation of a Restraining Order Attorney
Wallin & Klarich has over 40 years of experience successfully defending clients who face charges for violating a restraining order. The attorneys at Wallin & Klarich are well versed in the law and can help you prepare the best possible defense under the circumstances of your case. We understand that criminal charges can cause you stress and that you deserve someone who understands both the law and the impact criminal charges can have on your life. Wallin & Klarich can help you through the difficult legal process that follows a restraining order violation.
We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Call Wallin & Klarich today at 877-4-NO-JAIL or 877-466-5245. We will get through this together.
