I’m Charged With A Violation Of A Protective Order – What Should I Do Next?
In California, Penal Code section 136.1 authorizes the trial court in criminal case to issue orders which are generally referred to as criminal protective orders. Such orders may include an ex parte no-contact or stay-away order, an order not to intimidate the victims or witnesses, or an order protecting the victim of a violent crime from all contact by the defendant. Such a protective order, however, may be issued only upon a good cause or belief that harm to or intimidation of a victim or witness has occurred or is reasonably likely to occur.
A no-contact order includes phone calls or messages sent to another person. However, it is important to know that the no-contact order does not prohibit an individual from contacting another person through his or her attorney, or an investigator hired by an attorney. Protective orders can last up to five years, but may be revoked sooner at the victim’s request or if the judge feels that the need for the protective order no longer exists. An intentional and knowing violation of a protective order is punishable as a misdemeanor offense for up to one year in a county jail and a maximum fine of $1,000.
If you have been accused of violating a protective order, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/areas-restraining-orders. We will be there when you call.
