San Diego Restraining Order Violation Lawyers
How Restraining Order Violations Are Handled in California
Under the California Penal Code 273.6 PC, a violation of a restraining order (or "protective order") is a criminal offense that takes place if the terms of a restraining order are not followed by the individual who is named in the order. The requirements could include restrictions against making any contact with a specific person, being present within a certain distance, or visiting places that the alleged victim is known to frequent, such as the workplace or other locations. Many people are restricted from entering their own homes after a restraining order has been issued.
The penalties imposed for a violation will vary based upon certain facts:
- If there was a physical injury to the protected person
- If there was a prior conviction for a restraining order violation
What Penalties Could I Be Facing If Convicted?
In cases in which there has been an injury inflicted upon the protected individual, the penalties imposed could include up to three years in state prison. In some cases misdemeanor charges will be filed, with up to one year in jail imposed. The court can also mandate that you attend counseling, relinquish firearms, and pay victim restitution, based upon the facts in your case. Since these charges could be filed as either a misdemeanor or a felony, it is extremely important that defense counsel gets involved early in the process.
A violation of a restraining order could lead to the following penalties:
- Misdemeanor Charges:
Up to $1,000 in fines and a jail sentence of up to 12 months
- Violation with Physical Injury:
Minimum 30 days in jail and a fine up to $2,000
- Second Violation (Within a Year):
30 days in jail and maximum $2,000 in fines
Some cases may have the option of probation, but this matter should be managed by a professional who is familiar with the legal process and what actions to take to help you to avoid incarceration. The experienced team at JD Law is ready to get to work for you.
The Burden of Proof Lies with the Prosecutor
If you have been accused of violating your restraining order, the burden of proof lies with the prosecutor, who must establish beyond a reasonable doubt several facts, including:
- The restraining order was issued correctly as the law requires
- The court issuing the order had the jurisdiction to do so
- The order was issued on factual information rather than false information
- You had knowledge that the order had been issued
- You understood the terms of the order
- You intentionally violated the protective order
Call for Your Free Case Evaluation
Take advantage of the professional skills of JD Law if you have been accused of violating a restraining order in San Diego, CA. We can take immediate action to protect you and your freedoms. Do not waste any time. Call our San Diego criminal defense lawyer today at (760) 630-2000.
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