In cases of domestic violence and similar crimes, the state of California takes the protection of alleged victims very seriously. This is underscored by the fact that any violation of a protective order, restraining order, or stay-away order under Penal Code 273.6 PC is considered a serious crime, carrying steeper penalties than other types of criminal contempt.
This highlights the gravity of the situation and the potential consequences of such actions. In other words, PC 273.6 makes it a crime for anyone to violate the terms of a court-ordered protective order, restraining order, or stay-away order.
Criminal protective orders, known as "CPOs," are restraining orders issued by a judge in a domestic violence prosecution. These orders are typically requested by the alleged victim or their legal representative and are issued after a hearing, during which both parties have the opportunity to present their case.
This judicial involvement is a key part of the legal process, providing a sense of reassurance as they are usually issued in criminal cases to restrain a defendant from harassment, abuse, stalking, or threatening the alleged victim.
A judge routinely issues a protective order in criminal cases involving violence or when there are credible threats of violence. As noted, protective and restraining orders are usually directly connected with California domestic violence cases.
PC 273.6 Defined
Penal Code 273.6 states that any intentional and knowing violation of a protective order is a misdemeanor crime. This offense carries significant penalties, including up to one year in county jail, and a fine of up to $1,000, or both jail and a fine. The severity of these penalties underscores the serious nature of violating a protective order, making it crucial to understand and adhere to the terms of the order.
The type of behavior a protective order will attempt to prohibit always depends on the specific details of the case. Still, they will generally outline and dictate the kind of behavior that's not permitted or acceptable by the defendant.
Under Penal Code 273.6, violating any of the terms of a valid protective order in California is a crime. This means that if you are served with any restraining or stay-away order, you must comply with every provision of it or risk being charged with a crime. To convict you of violating a protective order, prosecutors must prove the following:
- A lawful protective order was issued against you;
- You knew about the protective order, including having an opportunity to read it.
- You were capable of obeying the protective order, and
- You willfully violated it.
"Willfully" in this context means that you violated the protective order on purpose or deliberately. It does not matter if you did not mean to hurt anyone by disobeying the orders; if you knew what you were doing was against the terms of the order, you could still be convicted of a crime.
Criminal protective orders typically remain in effect until the domestic violence case is resolved in court, but could be extended up to ten years after the case is part of the defendant's sentence.
What Are the Types of Protective Orders in California?
The state of California implements numerous protective orders to cover various types of victimization, including domestic violence, workplace violence, and elder abuse. To understand PC 273.6, we'll examine these under two basic categories: restraining and stay-away orders. Understanding the implications of these orders will help you navigate the legal process with confidence and clarity.
- Restraining orders are civil protective orders, meaning a judge issues them in civil court at the request of a victim seeking protection from an abuser. Restraining orders are most commonly given in domestic violence cases. They can be effective for a period ranging from a few days (Emergency Protective Order, Temporary Restraining Order) to up to 5 years (Permanent Restraining Order).
- Stay-away orders are criminal protective orders. It's similar to a restraining order in what it does, but a judge initiates it in criminal court rather than the alleged victim of abuse. Stay-away orders are typically issued when a defendant faces charges for domestic violence crimes, lasting between 3-10 years or until the case is resolved.
Key Takeaways
- Both restraining and stay-away orders accomplish the same thing: they forbid you from having contact with the alleged victim or coming within a certain distance of them.
- Protective orders may also have specific instructions related to the case. Violating the terms of any court-issued protective order in the slightest degree is a crime under PC 273.6.
- The most restrictive form of a CPO is a full stay-away order, which prohibits the defendant from contacting or being near the alleged victim. Less restrictive protective orders (peaceful contact) are issued for numerous reasons.
- Perhaps a less-than-full-stay-away order is issued by the judge when the couple shares minor children.
- A full stay-away would interfere with the couple's ability to exchange the children and co-parent. The judge will usually defer to custody and visitation orders issued by a family law court, as they are more familiar with the issues.
- Peaceful contact protective orders allow a defendant to continue living with the victim or have contact by phone or other electronic devices if the connection does not involve violence, threats, stalking, or intimidation and remains peaceful.
- An essential factor for remaining in your home in domestic violence cases is injury. If the victim has no injuries, you are in a solid position to make a reasonable argument for staying in your home while the case is pending.
What Are the Related Offenses?
- Penal Code 243(e)(1) PC - domestic battery,
- Penal Code 273.5 PC - corporal injury to spouse,
- Penal Code 273d PC - child abuse,
- Penal Code 273a PC - child endangerment,
- Penal Code 368 PC - elder abuse,
- Penal Code 422 PC - criminal threats,
- Penal Code 136.1 PC - witness intimidation,
- Penal Code 653m PC - annoying phone calls,
- Penal Code 646.9 PC - stalking,
- Penal Code 594 PC - vandalism.
PC 273.5(a) felony domestic violence is defined as intentionally causing physical injury that results in a traumatic condition to a spouse, cohabitant, dating partner, or a parent of a shared child.
Penalties for Violating a Protective Order
In most cases, violating a protective order is a misdemeanor offense. If you're convicted, you could face up to one year in county jail and a fine of up to $ 1,000.
At the judge's discretion, based on the case facts, they may reduce the sentence to summary probation-but the original protective order remains in effect.
However, for a second or subsequent violation and if violence was involved in the breach, this crime becomes a "wobbler" offense. A wobbler offense is a crime that can be charged as either a misdemeanor or a felony, depending on the circumstances and the prosecutor's discretion. This means that the potential penalties for a violation could be significantly more severe.
If you're charged and convicted of a felony violation, the fine can be increased to $10,000, and you could face up to 3 years in state prison. This is in addition to the potential long-term consequences of a felony conviction on your record, which can significantly impact your future.
Best Legal Defenses
Violating a protective order is a severe offense. Still, fortunately, there are several defenses your California criminal defense attorney can raise on your behalf if you've been accused of violating one. These are discussed below.
Perhaps we can argue that you were not aware of the protective order. If you were unaware that a restraining order had been issued against you, you could not be convicted of violating it. For example, perhaps you violated the order before authorities had the opportunity to serve it to you, or the server was unable to locate you to hand it to you.
Perhaps we can argue that you did not willfully violate the order. For example, you showed up at the same location as the person protected by the order and got too close to them. Accidental or incidental contact does not qualify as a willful violation.
Perhaps the order was not valid. If the order was not properly served on you; if you didn't have an opportunity to read it; if it expired and was not renewed; or if your attorney can argue that the judge had no basis for issuing the order; you may be able to claim successfully that the protective order was not legally valid.
Maybe you are the victim of a false allegation. It's not uncommon for somebody to be falsely accused of violating a protective order. Perhaps the alleged victim had other motives after the relationship ended badly and made the accusations out of anger or jealousy. For more information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles.
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