Punishment : Domestic Violence Restraining Order

When the police arrest someone for a domestic violence crime
like domestic battery or criminal threats, they will often serve the arrested
person with a “protective order” which is essentially a restraining order
prohibiting or limiting contact or communication with the “victim”. These
orders also dictate the distance the arrestee must stay from the victim. Even
an attempt to send a message to the victim through a third-person, such as a
family member or friend, is a violation. Only an arrestee’s criminal defense
lawyer can talk to the victim. Moreover, the age of convenient communications
makes it easy for the police to track a defendant’s calls, texts and even
location throughout any day.

The harsh restrictions of a domestic violence protective order
make for dangerous terrain, especially for the many domestic violence defendants
who are raising children together or living with each other. A simple text message
about day-to-day matters constitutes a violation of a protective order. Under
Penal Code Section 273.6, violation of a domestic violence restraining order is
a misdemeanor punishable by up to a year in the county jail. If the defendant
has a prior domestic violence conviction within the past seven years, then
violating the current protective order could be filed as either a misdemeanor
or a felony, punishable by up to three years in the state prison. It is up to
the DA to decide whether to file the charge as a misdemeanor of felony.

For a free telephonic consultation about any criminal matter
call The Law Offices of EJ Stopyro at (949) 559-5500. Our main office is at
32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA
92675.You can also reach us on our contact page.