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violation of a restraining order or protective order

Are you facing charges for violating a Restraining Order in Los Angeles?

Pursuant to California Penal Code Section 273.6 it is a crime to intentionally and knowingly violate the terms and conditions of a protective order (also known as a restraining order). Under most circumstances violating a restraining order is a misdemeanor, and often is considered a crime domestic violence if the protected party is an intimate partner, or former intimate partner.

It should be noted that California Penal Code 166 is similar to California Penal Code Section 273.6, except that it is a more inclusive statute, and applies to the violation of any court order that can be considered contempt.

If you are facing charges for violating a restraining order in California, contact experienced Los Angeles criminal defense attorney, and former prosecutor Miles Booth at 424 272 1134

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of violating a restraining order?

To be found guilty of violating a protective order under California Penal Code Section 273.6 the prosecution must prove that;

  • A judge ordered a legal protective order,
  • You had knowledge of the order, and
  • You intentionally violated the oder.

You can learn about the order in several ways, most commonly by being served by a police officer or being told by a judge in court. Additionally, to intentionally violate the order you must act purposefully. For example, if you coincidentally end up at the same location as the protected party you are not in violation. However, one you learn that you are in the same place as the protected party you must leave the location. If you do not leave the location you will be in violation of the order.

How can I defend myself against charges for violating a restraining order?

Common legal defenses to California Penal Code Section 273.6, violating a protective order, are that you;

  • Did not have knowledge of the order,
  • Did not intentionally violate the order, or
  • Are a victim of false allegations

It is important to note that even if the protected party is the one who initiates contact, or if you try to make peaceful contact with the protected party you will still be in violation of the restraining order.

What are the Penalties for violating a restraining order?

California Penal Code Section 273.6 is typically a misdemeanor offense, and a conviction may result in up to;

  • up to one year in county jail,
  • a $1,000 fine, and/or
  • misdemeanor probation

In some circumstances a conviction may result in probation in lieu of jail time, and hefty probationary terms, including;

  • domestic violence classes,
  • anger management classes,
  • fines and fees, and
  • restitution to the victim

If the protected party is physically injured, you face a minimum of 30 days in county jail. However, if you serve 48 hours in jail a judge may stay the remaining jail time.

Can a Restraining Order Violation be Charged as a Felony?

Sometimes a restraining order violation can be charged as a felony. If you are convicted of violating a restraining order for the second time in a one year period, and the protected party suffers physical injury the charge becomes a “wobbler” offense. This means that the prosecutor has discretion to file felony or misdemeanor charges. If misdemeanor charges are filed under these circumstances you face a minimum of 6 moths of jail. However, if you serve 30 days in jail a judge may stay the remaining jail time.

The charge also becomes a “wobbler” offense if you are convicted of violating a restraining order for the second time in a seven year period, and the violation involves an act of violence, or a credible threat of violence.

If you are convicted of a felony under California Penal Code Section 273.6 a conviction may result in up to 3 years in state prison.

Contact Los Angeles criminal defense lawyer miles booth

Facing charges for violating a restraining order can be frightening. A charge, let alone conviction, can have far-reaching consequences.Penalties after conviction are harsh, even in misdemeanor cases, and exceptionally disruptive to normal life.  Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone.

As a former prosecutor Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. Miles Booth has successfully handled thousands of cases throughout Los Angeles and will use his experience to get you the best outcome possible.

To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

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