Legal Question in Criminal Law in California

Re: Penal codes

Penal Code section 273.6 makes it a crime to violate a protective order and sets the penalties for various types of violation. Offhand I don't know if the statute applies to all protective orders or only those that relate to the threat of domestic violence.

The statute is too long to reproduce here, but you can look it up at www.leginfo.ca.gov/calaw.html and read it for yourself.

Re: Penal codes

Part of the Statute that deals with elements of the offense...statute goes on...and on with additional violations and punishments....bottom line it is very complex and you'll need to know which subsections apply

273.6. (a) Any intentional and knowing violation of a protective

order, as defined in Section 6218 of the Family Code, or of an order

issued pursuant to Section 527.6 or 527.8 of the Code of Civil

Procedure, or Section 15657.03 of the Welfare and Institutions Code,

is a misdemeanor punishable by a fine of not more than one thousand

dollars ($1,000), or by imprisonment in a county jail for not more

than one year, or by both that fine and imprisonment.

(b) In the event of a violation of subdivision (a) which results

in physical injury, the person shall be punished by a fine of not

more than two thousand dollars ($2,000), or by imprisonment in a

county jail for not less than 30 days nor more than one year, or by

both that fine and imprisonment. However, if the person is

imprisoned in a county jail for at least 48 hours, the court may, in

the interest of justice and for reasons stated on the record, reduce

or eliminate the 30-day minimum imprisonment required by this

subdivision. In determining whether to reduce or eliminate the

minimum imprisonment pursuant to this subdivision, the court shall

consider the seriousness of the facts before the court, whether there

are additional allegations of a violation of the order during the

pendency of the case before the court, the probability of future

violations, the safety of the victim, and whether the defendant has

successfully completed or is making progress with counseling.