California Penal Code 273.6 | Violating a Restraining Order

Posted in California Law on July 30, 2024

If a protective, stay-away, or restraining order has been placed against you, you can face serious penalties if you violate the order. These penalties are enhanced if you have a prior history of violating these orders. To avoid criminal prosecution, you must comply with the provisions of the restraining order. Here is what can happen if you don’t and why you may need a Riverside criminal defense lawyer to handle your case.

What Is the Crime of Violating a Restraining Order?

The prosecution must prove the following elements for you to be convicted under California Penal Code § 273.6 PC :

• A court lawfully issued a written protective or restraining order against you.
• You knew about the court order.
• You had the ability to follow the court order.
• You willfully violated the court order.

Penalties for Violating a Restraining Order in California

Violating a protective order under this law is generally considered a misdemeanor. Penalties include up to one year in county jail, a fine, and mandatory counseling/domestic abuse classes.

However, the offense is a wobbler if you have a prior history of violating a protective order within seven years of the current offense which involves violence or injury to the victim, you can be charged with a felony offense. As a felony offense, you can face up to three years in prison and a fine of up to $10,000.

Possible Defenses for Violating a Restraining Order

Some people do not willfully violate a restraining order. For example, they may be ordered to stay away from another person and then accidentally bump into them in a public place. Because the offense requires an “intentional” or “knowing” violation, such an accidental occurrence would probably not arise to the level required for a conviction.

It is also possible for an alleged victim to falsely accuse you of violating the restraining order. People will often go to great lengths to gain the upper hand in a child custody case or retaliate against a former romantic partner they believed harmed them, sometimes including fabricating accusations with law enforcement.f

Another possible defense in these cases is a lack of knowledge of the restraining order. Sometimes, these orders are temporary and issued without the defendant’s knowledge. If you were unaware of the order, you can’t be expected to follow it.

Even if there was a knowing violation, it may be possible to overcome these charges if you can prove that the restraining order was not legally valid. If the underlying restraining order was issued without a legal basis or in violation of proper judicial procedures, you can raise these defenses to the charges. A skilled criminal defense lawyer may be able to engage in prefile intervention to prevent the charges from ever being filed against you.

Contact A Riverside Criminal Defense Attorney for a Free Case Review

Don’t leave your future to chance. Engage the services of a highly skilled Riverside criminal defense by the Law Offices of Graham D. Donath, APC online or calling us at (951) 667-5293. You can schedule a free and confidential consultation with our board-certified and award-winning lawyer.