I Am Being Accused of Violating a Restraining Order – PC 273.6
A restraining order is a court order that forbids you from contacting any individual protected under the order and from visiting a specified location. In criminal law cases, restraining orders are typically issued to protect a victim of physical violence or threats of harm.
California severely punishes the violation of a restraining order. If you face a restraining order violation, it is in your best interest to immediately contact an aggressive criminal defense firm to fight for your rights.
Prosecution of Violation of a Restraining Order
To convict you of violating a restraining order, the prosecution must prove the following five elements:
- The court lawfully issued a written restraining order against you
- A restraining order can be deemed invalid if the issuing court lacked jurisdiction to issue it or the facts supporting the order are clearly false/misleading
- The court order was a restraining order or protective order directed at your conduct,
- You knew of the court order and had the opportunity to familiarize yourself with its contents,
- You had the ability to follow the court order,
- The restraining order must not place unjust or prejudicial (meaning unreasonably harmful) restrictions on your liberty
- You intentionally violated the court order
If all of these elements are proved by prosecutors, you could be convicted of violating your restraining order. A skilled restraining order attorney can defend you against these charges by showing these elements of the crime can’t be proven.
Punishment if Convicted of Violating a Restraining Order
The punishment you face if you are convicted of violating a restraining order depends upon various factors, including whether the victim sustained physical injury and whether you have any prior convictions for violating a restraining order.
A conviction of violating a restraining order under PC 273.6 is typically a misdemeanor. This crime is punishable by up to 364 days in county jail and a maximum $1,000 fine.
The punishment is harsher if this is your second violation of a restraining order. For example, if you have a prior restraining order conviction involving violence on your record and the current alleged violation is within seven years of the prior one, you could be charged with a misdemeanor or a felony.
If you’re convicted of a misdemeanor, you face up to 364 days in county jail and a maximum $1,000 fine. If convicted of a felony, you face up to three years in state prison and a maximum $10,000 fine.
Call Our Restraining Order Lawyers Today
The law firm of Wallin & Klarich has been successfully defending clients facing restraining order violations for over 40 years. This extensive experience has vested us with intricate knowledge of all possible defenses to a restraining order charge.
From the moment you retain us you will notice our professionalism as we at once get to work to obtain the entire discovery on your case. We do this by preparing a complete statement of all relevant facts surrounding your alleged violation based on your personal account. We also interview all other witnesses that could be potentially favorable to your defense. Our extensive fact-gathering allows us to formulate the most effective defense strategy to help you avoid jail time.
If you face restraining order violation charges, Wallin & Klarich has the skill and experience to effectively defend you. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.