DOMESTIC VIOLENCE VIOLATING COURT ORDERS

VIOLATING COURT ORDERS

Violating a court order can have some significant consequences including new criminal charges, higher bail amounts, substantial fines and actual jail time.  The two main defenses to violating a court order are that you didn’t have notice of the terms in the court order and you didn’t violate the orders.      

FULL FAITH AND CREDIT

A protective order issued by another State that has jurisdiction over the parties and subject matter and that gave the respondent reasonable notice and opportunity to be heard shall be given full faith and credit by another State and enforced as if it were the order of the enforcing State.  This means a lawful court order issued in one state can be enforced in another state.

PENAL CODE 273.6 PC – VIOLATION OF PROTECTIVE ORDER

Any intentional and knowing violation of a protective order is a misdemeanor punishable by a fine not to exceed $1,000, or by imprisonment in a county jail for not more than one year.  If the violation results in physical injury, the person shall be punished by a fine not to exceed $2,000, or by imprisonment in a county jail for not less than 30 days nor more than one year.  A subsequent conviction occurring within 1 year from a prior conviction that results in physical injury to a victim, shall be punished by a fine not to exceed $2,000, or by imprisonment in a county jail for not less than six months nor more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170.    

PENAL CODE 166 – CONTEMPT OF COURT

The willful disobedience of the terms of a written court order or the violation of a protective order or stay-away order are misdemeanors punishable by imprisonment in a county jail for not more than one year, by a fine of not to exceed $1,000.  If the violation results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours as part of the court ordered sentence.  A second or subsequent conviction for a violation of an order occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years.

PENAL CODE 29825(A) PC – PROHIBITION ON FIREARM ACCESS

Every person who purchases or receives, or attempts to purchase or receive, a firearm knowing that the person is prohibited from doing so by a temporary restraining order, injunction, or protective order shall be punishable by imprisonment in a county jail not exceeding one year or in the state prison, and by a fine not exceeding $1,000.

PENAL CODE 29825(B) PC – PROHIBITION ON FIREARM POSSESSION

Every person who owns or possesses a firearm knowing that the person is prohibited from doing so by a temporary restraining order, injunction, or protective order is guilty of a public offense, which shall be punishable by imprisonment in a county jail not exceeding one year, by a fine not exceeding $1,000.

YOU DON’T HAVE TO PLEAD GUILTY, CONTACT OUR OFFICE TODAY FOR A FREE SAME DAY CONSULTATION

We have successfully represented many individuals accused of domestic violence charges.  Even in tough cases, we are almost always able to get a better resolution in a case then if you handled it yourself, had the public defender, or other private attorney.  Our experienced and aggressive negotiating efforts usually result in dismissed or reduced charges and lesser punishment including less jail days, shorter classes, and smaller fines. Call our  office today at (916) 939-3900 for a free consultation.      

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