You Can Be Sent to Jail for Violating a Restraining Order (California Penal Code Section 273.6)
To protect victims from physical abuse, stalking, intimidation and harassment, the court issues restraining orders or criminal protective orders. These orders forbid you from making any contact with the alleged victim. This includes text messages, emails and phone calls.
If you have been issued a restraining order, it is very important that you make no attempt to contact the person who filed for the restraining order. This includes reaching out to him or her through a third party. If you fail to do so and violate a restraining order under Penal Code Section 273.6, you face very serious consequences, which vary depending on:
- Whether it was your first violation or subsequent violation; and
- Whether the victim suffered a physical injury while you were violating the order.
Violating your restraining order is considered a “wobbler” offense. This means that it can be charged as a felony or a misdemeanor, depending on the circumstances of your case.
Let’s take at some situations that can lead to misdemeanor or felony charges, and the punishments for each…
Misdemeanor Violation of Restraining Order
- The violation resulted in physical injury: You will serve a minimum of 30 days in county jail and pay a fine of up to $2,000.
- This was your second violation within a year: You will serve at least six months and up to one year in county jail.
- This was your second violation within seven years: You could be sentenced to serve up to one year in county jail and be fined up to $1,000.
Felony Violation of Restraining Order
- This was your second violation of a restraining order within one year: A felony conviction can result in probation and up to three years in county jail.
- This was your second violation within a seven year period: You can face up to three years in county jail and up to $10,000 in fines.
- The violation resulted in physical injury: A felony conviction for this can lead to three years in county jail and up to $10,000 in fines.
What Does the Prosecution Have to Prove?
In order to convict you of violating a restraining order, the prosecutor must be able to prove the following elements in your case:
- A judge issued a restraining order against you;
- You knew about the restraining order and the terms and conditions contained in it;
- The restraining order did not put you in an unjust or prejudicial position and you had the “present ability” to follow it; and
- You intentionally violated the terms of the order.
Wallin & Klarich if You are Accused of Violating Restraining Orders
If you are being accused of violating a restraining order, your freedom is in jeopardy. A conviction for this crime can lead to time in jail and expensive fines. Therefore, it is crucial that you speak with an attorney who is experienced in defending persons accused of violating a restraining order. The attorneys at Wallin & Klarich have been successfully defending our clients accused of this crime for over 40 years.
With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, one of our skilled attorneys is available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
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