California Penal Code Section 273.6

Definition

Violating a Restraining Order under California Penal Code Section 273.6, is a criminal offence and it is normally filed as either a felony or misdemeanor. Violating a Restraining Order is when someone knowingly disregards a protective order that was handed to them by a judge.

Elements of the Crime

In order to take a Violating a Restraining Order CPC 273.6 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant was handed a restraining order by the court

·         That the defendant knew there was a restraining order against them

·         That the defendant disregarded this notice nevertheless

Additional Notes

Restraining orders were enacted to prevent crimes of harassment or abuse. A notice provided by a judge to stay away from an individual/s will state whether this is only physical contact, or include a clause to not communicate via email, telephone or through another medium.

Punishments for CPC 273.6

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Violating a Restraining Order, it is usually filed as either a misdemeanor or felony, which includes:

Misdemeanor charges for Violating a Restraining Order include up to one year in jail.

Felony charges for Violating a Restraining Order include up to three years in prison.

Legal Defenses for California Penal Code 273.6

A good lawyer can present many legal and valid defenses for Violating a Restraining Order charges under California Penal Code 273.6 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Violating a Restraining Order. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Violating a Restraining Order.

Learn more about other California Section Penal Codes here.