Violation of a Restraining OrderCalifornia Penal Code Section P.C. 273.6
What constitutes a violation under Penal Code § 273.6?
In California, violating a protective, restraining, or stay-away order is a grave legal matter under Penal Code § 273.6. Grasping the depth of this statute is essential, particularly for individuals who might be facing accusations under this law. Because of how serious the penalties for a conviction are and how complicated proving and defending against this crime is, anyone charged with Violation of a Restraining Order in California should seek attorneys like the Law Firm of Gomez, Radford, & Rome who have extensive experience handling these cases right away.
Violating a court-issued protective order is deemed a misdemeanor under Penal Code § 273.6(a). This includes any deliberate and knowledgeable breach of protective orders detailed in sections of the Family Code, Code of Civil Procedure, and others. The statute aims to protect individuals from various forms of harm by legally restricting the actions of potential threats.
What must be proven for a conviction?
To secure a conviction under Penal Code § 273.6, the prosecution must prove several elements, as outlined in CALCRIM No. 2701. The prosecution’s burden includes demonstrating the defendant’s knowledge of the order and intentional non-compliance beyond a reasonable doubt. They must show:
1. A court lawfully issued a protective order (Penal Code § 273.6(a)).
2. The defendant was aware of the court order.
3. The defendant was capable of complying with the order.
4. The defendant intentionally violated the order.
What are the consequences of a conviction?
The penalties for violating a protective order vary significantly:
Misdemeanor Violation: Subject to a fine of up to $1,000, imprisonment in county jail for up to one year, or both (Penal Code § 273.6(a)).
Violation Resulting in Physical Injury: Fines may increase to $2,000, with jail time ranging from 30 days to one year (Penal Code § 273.6(b)).
Subsequent Violations: Repeat offenses within seven years, especially involving violence or credible threats, can result in enhanced penalties, including increased jail time (Penal Code § 273.6(d) and (e)).
These escalating penalties underscore the statute’s deterrent intent and the judicial system’s commitment to protecting victims.
Defenses and Strategies – Defending against charges of violating CA PC 273.6
Defending against charges of violating a protective order under California Penal Code § 273.6 can involve several strategic defenses, depending on the specifics of the case. Here are examples of specific defenses that might be employed:
Lack of Knowledge
A key element that must be proven for a conviction under § 273.6 is that the defendant knew of the protective order. An effective defense might argue that the defendant was never properly served with the order or that there was a genuine lack of awareness of its existence or terms. This defense hinges on demonstrating that the defendant had no opportunity to read or understand the order, thus negating the element of knowledge required for conviction.
No Willful Violation
The statute requires that the violation of the protective order be willful for a conviction. A defense might focus on the absence of intent to violate the order, suggesting that any actions taken were accidental or coincidental rather than deliberate. For example, if a defendant unknowingly enters a public place at the same time as the protected person, without the intent to violate the order, this could constitute a viable defense.
Invalid Order
Another potential defense is challenging the legality of the protective order itself. This could involve arguing that the order was not issued with proper legal authority, that it was based on false or misleading information, or that it is overly broad and vague, making compliance unreasonably difficult. Successfully proving the order’s invalidity could lead to dismissal of the charges for violating it.
Misidentification
In cases where the alleged violation involves indirect contact (such as through electronic communication), a defense may argue that the defendant was not the person who committed the violation. Misidentification can occur in various situations, especially in the digital age where impersonation and identity theft are possible. Providing evidence that the defendant was not responsible for the communication or action that constituted the violation could be an effective defense.
Constitutional Rights
In certain circumstances, a defense might argue that enforcing the protective order as written infringes upon the defendant’s constitutional rights, such as the right to free speech or freedom of movement. However, this defense is highly nuanced and must be carefully balanced against the protected person’s rights and the court’s interest in preventing harm.
Each of these defenses requires a detailed understanding of the law and a careful analysis of the facts of the case. Employing these defenses effectively demands the expertise of a skilled legal professional who can navigate the complexities of the legal system and advocate on the defendant’s behalf.
Related Cases
The related charges mentioned in the context of violating a protective order under California Penal Code § 273.6 often include the following Penal Code sections:
- Domestic Violence: This category includes several specific offenses, such as:
- Penal Code 243(e)(1) PC, which covers “domestic battery,” a misdemeanor offense involving the use of force against a spouse, cohabitant, or fellow parent.
- Penal Code 273.5 PC, which addresses “inflicting corporal injury on an intimate partner,” a more serious offense that can be charged as a felony or misdemeanor depending on the circumstances and severity of the injuries.
- Stalking: Penal Code 646.9 PC defines stalking as the willful, malicious, and repeated following or harassing of another person, coupled with a credible threat that places the person in reasonable fear for their safety or the safety of their family.
- Criminal Threats: Penal Code 422 PC makes it a crime to willfully threaten to commit a crime that will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat, causing the victim to be in sustained fear for their safety or the safety of their family, where the threat is communicated verbally, in writing, or via an electronically transmitted device.
- Elder Abuse: Penal Code 368 PC specifically addresses crimes against elder individuals (defined as anyone 65 years of age or older) and dependent adults. It encompasses various forms of abuse, including physical abuse, emotional abuse, neglect, endangerment, and financial exploitation.
- Vandalism: Penal Code 594 PC outlines the crime of vandalism, which involves maliciously defacing with graffiti or other inscribed material, damaging, or destroying someone else’s property. Vandalism can be charged as a misdemeanor or felony based on the extent of the damage.
- Contempt of Court: Penal Code 166 PC criminalizes acts of contempt of court, which include behavior that is disrespectful to the court process, such as refusing to be sworn in as a witness or failing to comply with a court order, including protective orders.
These related offenses highlight the breadth of legal implications that can arise from situations involving protective order violations, each with its own set of legal standards, penalties, and consequences under California law.
Hire Gomez, Radford, & Rome if you’re charged with violating California P.C. 273.6(a)
Facing charges under Penal Code § 273.6 or related statutes requires the best possible legal representation. The law firm Gomez, Radford, & Rome, staffed by former prosecutors and experienced defense attorneys, offers the expertise needed to navigate California’s legal system effectively. Their comprehensive defense strategies are designed to support clients across a range of criminal charges, including protective order violations.
Understanding one’s legal rights and available defenses is crucial when confronting charges under Penal Code § 273.6. With the right legal support, individuals can address these charges head-on, seeking outcomes that preserve their future and well-being.
Don’t wait, visit our office or call today for a free consultation.