Penalties For Violating A Domestic Violence Restraining Order

Law Offices of EJ Stopyro
Orange County Domestic Violence Lawyers
Criminal Defense Attorneys in Orange County

If you’ve been arrested or convicted of domestic battery or child endangerment you were probably served with a domestic violence protective order or restraining order. Obeying the terms of the domestic violence protective order should be a top priority. Here’s why:

CaliforniaPenal Code Section 273.6 makes it a crime to knowingly and intentionally violate the terms of a protective order or restraining order. Generally, a first-offense for violating a domestic violence protective order is a misdemeanor punishable by up to one year in the Orange County jail and a fine of $1,000.00. If you are arrested for this crime it is important to consult with a domestic violence lawyer in Orange County right away. If the violation results in physical injury to the victim the law mandates a 30-day minimum jail sentence. This mandatory minimum can be reduced to two days if your domesticviolence defense lawyer can convince a judge that reduction is in the “interest of justice” based on the seriousness of the violation, the circumstances of the case, the safety of the victim and YOUR progress in counseling.

If you are convicted of violating a domestic violence protective order (restraining order) and you have a prior conviction for the same offense within the past seven years, then the offense becomes a “wobbler”. This means that the Orange County DistrictAttorney can charge the offense as either a misdemeanor (punishable by up to a year in jail), or as a felony (punishable by up to three years in the stateprison.

If you have a prior conviction for violating a domesticviolence protective order within one year of the present violation AND the current violation results in physical injury to the victim, then the offense is a wobbler. Moreover, even if the DA files it as a misdemeanor, the law mandates a minimum six-month jail sentence. However, if your domestic violence attorney can convince the court that the mandatory six-month sentence is not in the interest of justice, the court can reduce the mandatory minimum to thirty days. Your domestic violence lawyer must convince the judge that the reduction is warranted based on the seriousness of the current offense, the circumstances of the offense, that the victim’s safety is not jeopardized by the reduction, and that you are making progress in your court-mandated counseling.

What The DA Must Prove

In order to convict someone of violating a protective order or restraining order, the DA must prove ALL of the following:

1)      A court lawfully issued a written order prohibiting the defendant from specific conduct;

2)      The protective order was issued pursuant to specific legal code section;

3)      The defendant knew of the court order and knew of the specific requirements of the order;

4)      The defendant had the ability to follow the court order; and

5)      The defendant willfully violated the court order (that the defendant did it willingly or on purpose). (Judicial Council of California Criminal Jury Instruction #701)

Thus, if your domestic violence defense lawyer in Orange County can show that you were not properly served with the restraining order, did not have a real choice but to violate the order, or that the violation was not intentional then the DA may not be able to convict you of violation of a domestic violence protective order or restraining order under California Penal Code Section 273.6.

To discuss more defenses to a charge of violating a domestic violence restraining order call the Law Offices of EJ Stopyro today at (949) 559-5500. You’ll speak to an experiencedOrange County domestic violence attorney. The consultation is free and confidential.

Law Offices of EJ Stopyro

Criminal Defense Lawyers in Orange County
Orange County Domestic Violence Defense Attorneys