Affect of restraining order violation on a new criminal offense perpetrated by the restrained person (PC 273.6)

By: Wallin & Klarich

Violation of a restraining order is a separate crime in itself and may be charged as a separate or added count to a new criminal offense. A restraining order can be ordered in the civil, family law or criminal courts as a criminal protective order.

Under California Penal Code Section 273.6, the prosecution can charge a violation of a restraining order as a separate or added count to a new criminal offense committed by the restrained person. Thus, the restrained person may be facing multiple charges, one for the restraining order violation and the new offense perpetrated such as stalking, criminal threats, assault, battery or burglary as examples.

Pursuant to Code Section 273.6, to prove the violation offense, there must be in existence a valid and lawfully issued written restraining order by the court enjoining a party from a specific behavior/conduct against the protected person. The restrained person must know of the court ordered restraining order and it must be proven that that he or she did intentionally violate the court order.

The offense of violating a restraining order under California Penal Code Section 273.6 can be charged either as a felony or misdemeanor by the prosecution. A misdemeanor conviction can result in fines/community service, and county jail time for up to a year or both.

A felony can be charged by the district attorney if the victim suffered a physical injury or if there were previous violation convictions by the restrained person. A felony conviction can result in higher fines and longer jail sentences.

Call the experienced and skilled San Bernardino defense attorneys from Wallin & Klarich We have been successfully defending individuals charged with a violation of a restraining order for over 30 years. If you or a loved one needs criminal defense representation, call our firm immediately for a consultation. Visit our website at or call us at 1-888-280-6839 to set up an appointment. Call us today, we will get through this together.

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