Violation of Restraining Order – What Is the Punishment for a Restraining Order Violation? PC 273.6

The punishment for a restraining order violation depends on the circumstances surrounding the violation.  A violation can be punished by a fine, or up to three years in prison.

Misdemeanor:
Under Penal Code section 273.6(a), any intentional and knowing violation of a protective order is a misdemeanor offense punishable by:

1.    Imprisonment in county jail for a period of up to one year, AND/OR

2.    A fine of up to $1,000.

Violation Resulting in Injury:
Under Penal Code section 273.6(b), if the protective order violation results in physical injury, the punishment may include:

1.    Imprisonment in county jail for a period no less than 30 days and no more than one year, AND/OR

2.    A fine of up to $2,000.

If you are imprisoned in county jail for at least 48 hours, a judge may decide to reduce or eliminate this 30-day minimum jail sentence by considering the seriousness of the facts, whether there are additional allegations of a violation, the likelihood of future violations, the safety of the victim, and the extent to which you are progressing with counseling.

Wobblers:
If the violation is a repeat offense, it may qualify as a “wobbler.” This means that the violation may be charged as either a felony or misdemeanor and will be punished accordingly.

Subsequent Violation Within Seven Years of Prior:
Under Penal Code section 273.6(c), any violation of a protective order that occurs within seven years of a prior violation conviction, and that involves the use of violence or a credible threat, is punishable by:

1.    Imprisonment in county jail for a period of up to one year for a misdemeanor conviction, OR

2.    Imprisonment in state prison for a period between 16 months to three years for a felony conviction.

Subsequent Violation Within One Year of Prior:
Under Penal Code section 273.6(d), if the subsequent violation occurs within one year of a prior violation conviction, and results in physical injury to the victim, the penalties may include:

1.    Imprisonment in county jail for a period no less than six months and no more than one year and/or a fine of up to $2,000 for a misdemeanor conviction, OR

2.    Imprisonment in state prison for a period between 16 months to three years and/or a fine of up to $10,000 for a felony conviction.

If you are imprisoned in county jail for at least 30 days, a judge may decide to reduce or eliminate the six-month minimum prison requirement by considering the same factors listed above.

A conviction stemming from a protective order violation can bring with it severe and debilitating consequences. For this reason, it is imperative that you seek the assistance of a knowledgeable and experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling protective order violation cases and ensuring that our clients receive the most complete and diligent representation possible. Call us today at 888-749-0034. We will be there when you call.