Violating a Restraining Order in California – Penalties, Sentence and Punishment – PC 273.6 a

What is the punishment for violating a restraining order in California?

Under California Penal Code 273.6 a, violating a restraining order is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts and circumstances of your individual case. In making this determination, the prosecution will consider various factors including whether the victim sustained physical injury and whether you have any previous convictions for violating a restraining order.
 

Misdemeanor violation of a restraining order – PC 273.6 a

Your restraining order attorneys at Wallin & Klarich explain the Sentence, Penalties and Punishment for violating a restraining order in California. Call us today. 1-888-749-0034.

Any intentional or knowing violation of a restraining order is a misdemeanor punishable by imprisonment in county jail for up to a year and a maximum $1,000 fine.
 

Violation of a restraining order that results in physical injury

You will serve a minimum of 30 days in county jail and pay a maximum fine of $2,000.

If your violation of the restraining order has resulted in physical injury to another, you will serve a minimum of 30 days in county jail and pay a maximum fine of $2,000. However, the court may reduce the 30 day requirement to a minimum of 2 days if the interests of justice so require. In making this determination, the court will consider the seriousness of the violation, the probability of future violations, the safety of the victim, and whether you have successfully completing or have made substantial progress with court ordered counseling sessions.
 

Second violation of a restraining order within one year

If you are convicted for a second violation of a restraining order within one year and the victim suffers physical injury, the offense can be charged as either a misdemeanor or felony depending on the facts of your case:

• A misdemeanor conviction can result in 6 months to a year in county jail
• A felony conviction can result in probation and up to a year in county jail OR 16 months, or 2 or 3 years in county jail

Second violation of a restraining order within a seven year period

If you are convicted for a second violation of a restraining order within a seven year period and the violation involves an act of violence or threat of violence, the offense can be charged as either a misdemeanor or felony depending on the facts of your case:

• If you are convicted of a misdemeanor violation of a restraining order, you can face up to a year in county jail and a maximum $1,000 fine.
• If you are convicted of a felony violation of a restraining order, you can face up to a year in county jail OR 16 months, or 2 or 3 years in county jail and a maximum $10,000 fine.

Probation terms

When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:

1. Violate no law (other than a traffic infraction)
2. Visit your probation officer as often as required by your probation terms
3. Perform community service
4. Reimburse the victim for expenses he or she incurred as a result of the violation
5. Make payments to a shelter for elderly adults, dependent adults, or battered women

These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.

Finding an experienced violation of a restraining order attorney at Wallin & Klarich

The sentencing and punishment for violating a restraining order in California can be severe and potentially life changing. If you or someone you know has been accused of violating a restraining order under PC 273.6 a, you need to contact an experienced criminal defense lawyer who will carefully review the facts and the law to give you the best representation possible.  With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura and Victorville, Wallin & Klarich has over 30 years of experience in defending our clients against charges of violating a restraining order.  We will carefully review the evidence against you and help you win your case.

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