California Penal Code Section 273.6 PC: Violating A Restraining, Protective Or Stay Away Order

California Penal Code Section 273.6 PC: Violating A Restraining, Protective Or Stay Away Order

If you have been served with a restraining, protective, or stay away order in California, it is extremely important that you follow it to the letter. Violating any of the terms of the order can lead to criminal charges under California Penal Code Section 273.6 PC. This law makes it a misdemeanor to intentionally violate a valid protective order that was issued by a court. Let’s take a closer look at what this law entails and what the penalties are for violating it.

What Does California Penal Code Section 273.6 Prohibit?

PC 273.6 states that “any intentional and knowing violation of a protective order” is a misdemeanor crime in California[4]. This means that if you are aware that a valid restraining, protective, or stay away order has been issued against you, you must follow all of its terms and conditions or you could face criminal charges for violating it.

Some examples of violations include:

• Having any contact with the protected person, either directly or indirectly through a third party
• Going to or remaining within a specified distance of the protected person’s home, school, or workplace
• Harassing, threatening, intimidating, stalking, or disturbing the peace of the protected person
• Damaging the protected person’s property or possessions

It does not matter if you intended to violate the order or not. Even unintentional violations can lead to charges under PC 273.6. The prosecution only needs to prove that you knew about the protective order and violated it in some way.

What Are the Penalties for Violating a Restraining Order in California?

If convicted under Penal Code 273.6, violating a protective order is usually punished as a misdemeanor offense. Possible penalties include[3]:

• Up to one year in county jail
• A fine of up to $1,000
• Probation
• Mandatory counseling or batterer’s treatment program
• Restitution to the victim
• Community service

In some cases, prosecutors can choose to charge a violation of PC 273.6 as a felony. This typically happens if you have violated the protective order multiple times or if your violation resulted in physical injury to the protected person. Felony penalties can include state prison time.

Legal Defenses to Charges of Violating a Restraining Order

If you have been accused of violating a restraining or protective order in California, it is critical to retain an experienced criminal defense attorney immediately. A skilled lawyer can often get the charges against you reduced or even dismissed by raising legal defenses such as[3]:

• You did not know about the protective order
• You did not intentionally violate the order
• The order was invalid or expired
• You were falsely accused of violating the order
• You violated the order under emergency circumstances

A good defense attorney will thoroughly investigate the circumstances of your case to determine if any of these defenses could apply.

Immigration Consequences of Violating a Restraining Order

If you are not a U.S. citizen, violating a protective order can potentially trigger immigration consequences as well. Under federal law, crimes involving domestic violence, stalking, child abuse, and violation of a protective order are deportable offenses[3].

An experienced criminal and immigration lawyer can help minimize the risk of deportation by negotiating with the prosecutor to offer a plea to a non-deportable offense. Or, if possible, they may be able to get the charges dismissed entirely.

Expunging a Conviction Under Penal Code 273.6

If you are convicted under PC 273.6, you may be able to have your criminal record expunged once you complete your sentence. Record expungement erases the conviction from your record as if it never happened. This can help restore your civil rights and make it easier to find jobs, housing, and professional licensing[3].

For a misdemeanor violation of a restraining order, you can petition for expungement after one year from the date your sentence ends. Our California criminal defense lawyers can guide you through the expungement process to help get your record cleared.

Effect on Gun Rights

If convicted under California Penal Code 273.6, you will also lose your right to own or possess any firearms for a period of 10 years from the date your sentence ends. This is true even if you are able to get the conviction expunged from your record[3].

An experienced lawyer may be able to plea bargain your charges down to a non-domestic violence related offense that does not impact your gun rights. Or, if possible, they may be able to get the charges dismissed entirely so there is no conviction on your record.

Related Offenses

In addition to Penal Code 273.6, some other offenses related to violating court orders that you should be aware of include[3]:

• Penal Code 166(c)(1) PC – Violating a protective order issued due to domestic violence, civil harassment, workplace violence, school violence or elder abuse.
• Penal Code 166(a)(4) PC – Willful disobedience of a court order.
• Penal Code 273.65 PC – Violation of a protective order in a pending criminal domestic violence case.

An experienced criminal defense attorney can help ensure that any related charges are handled appropriately in your case.

Get Excellent Legal Representation

Being accused of violating a restraining or protective order can have severe consequences that go far beyond potential jail time. You could face deportation, damage to your reputation, loss of gun rights, and other collateral effects. That is why it is so important to have an experienced California criminal defense lawyer on your side fighting to protect your rights.

At our firm, we have helped numerous clients facing charges under Penal Code 273.6 PC and related offenses. We know how to effectively challenge these types of allegations and achieve the most favorable outcome possible in your case. Don’t leave anything to chance – call us today for skilled and aggressive representation.

Sources:

[1] California Penal Code Section 273.6 PC: Violating A Restraining, Protective Or Stay Away Order

[2] California Penal Code Section 273.6 – Violating a Restraining Order

[3] Penal Code § 273.6 PC – Violating a Restraining Order or Protective Order in California

[4] Penal Code 273.6: Restraining Order

[5] Violating a Restraining in California | Penal Code 273.6

[6] California Penal Code Section 273.6: Violating A Restraining, Protective Or Stay Away Order