Violating a Restraining Order California Penal Code 273.6
Penal Code 273.6 restricts a person from violating a restraining order ordered by the court. A restraining order granted by the court is generally to protect a person from 1) Harassment 2) Physical Abuse 3) Stalking 4) Threats. Common types of restraints are 1) Personal Contact 2) Electronic communication 3) Social Networks. In order for California Penal Code 273.6 to be violated there are three elements to be met. They are 1) The judge issued a order 2) The person had knowledge of the order 3) And the person had intent to violate the restraining order. There are three defenses to California Penal Code 273.6.
Defenses
The defenses to California Penal Code 273.6 are
- 1) Lack of Knowledge
- 2) The person had no intent
- 3) The person was falsely accused.
Penalties
Generally California Penal Code 273.6 is a misdemeanor. The person may face a maximum fine of $1,000 and up to one year in county jail. The judge can also order probation, which include counseling, anger management, payments to battered women’s shelter, and restitution to the victim. California Penal Code 273.6 is also known to be a wobbler. If the person has violated the law for a second time within a seven-year period then the judge can charge him or her with a felony. The person will face up to one year in country jail or 16 months to three years in California state prison and a fine up to $10,000.
