Home » Criminal Defense » PENAL CODE 273.6 VIOLATION OF DOMESTIC VIOLENCE ORDER
Under penal code 273.6, it is illegal to knowingly and intentionally violate the terms of a domestic violence restraining order. Those are court-made documents designed for the protection of an individual who is being exposed to abuse, threats, stalking, or harassment. Violations can include contacts, going near their house or workplace, and disobeying particular conditions set by the order.
To convict someone under penal code 273.6, the prosecution must prove:
Each element must be proven beyond a reasonable doubt. An experienced Los Angeles criminal defense lawyer can challenge these elements to build a strong defense.
A violation of penal code 273.6 is charged as a misdemeanor, which may result in:
If you have prior convictions for violating a restraining order or if the violation involved violence or threats, it can be charged as a felony, leading to:
Beyond criminal penalties, violating a restraining order can lead to:
Conviction under penal code 273.6 may be adverse to employment and other areas that require a background check, especially in employment, which may be restricted. For a non-U.S. citizen, this can have the consequences of deportation or denial of citizenship. Consultation with a Los Angeles criminal defense lawyer will be helpful to know how best to minimize such consequences.
You might argue that the violation was not intentional. For example, accidental contact in a public place without any malicious intent may not constitute a willful violation.
If you were never properly served with the restraining order and were unaware of its existence, you cannot be held liable for violating it. Proof of lack of service can be a strong defense.
Most of the time, such allegations stem from misunderstandings or are made out of anger, jealousy, or revenge. Most of your defense will lie in showing holes in their story or proof contradicting the allegations they make.
Your first step should be to consult a knowledgeable Los Angeles criminal defense lawyer who specializes in domestic violence cases. They can:
Keep a detailed record of any interactions with the protected party, including dates, times, and circumstances. If witnesses were present during any alleged violation, their statements could be critical in supporting your defense. This documentation can help your attorney build a stronger case.
It’s essential to adhere to the terms of the restraining order strictly. Any additional violations, even unintentional ones, can harm your defense. Avoid all forms of communication with the protected party and follow all court-imposed restrictions.
DCD LAW has many years of experience handling cases with violations of penal code 273.6. We understand the legalities involved in restraining orders and how they are often misused to make sure your rights are protected at every step.
We make sure we get familiar with the details of your case. If it is about proving the illegitimacy of the restraining order or a lack of willful violation, we work on the strategy of defense in line with your objectives and situation.
We have a good track record of success as well. The strategies that we have discussed have helped us in getting the best results for our clients such as; defending clients against restraining order violations through undermining the prosecution’s case, presenting strong evidence, and negotiating favorable outcomes. At DCD LAW, our primary objective is to ensure you get the best outcome.
Work with an experienced criminal defense attorney, and a team that has successfully defended more than 1000 clients. Get started with us today.
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It takes place when you knowingly and willfully violate any provision of a domestic violence restraining order. This includes contacting the protected person, going near prohibited locations, or failing to comply with court-ordered conditions such as counseling. To be convicted, the prosecution must show that you knew of the order and intentionally violated it.
Yes, for each violation of a restraining order, penal code 273.6 treats them as separate offenses. Repeated violations could land you in greater trouble, with felony charges possible for subsequent offenses. This further explains why the terms of the order must be followed to the letter and that an accused should collaborate closely with a defense attorney.
In fact, in most cases, the conviction under penal code 273.6 may be expunged if the requirements are met, such as completing probation. Expungement can help clean up your record by removing a conviction, allowing you to better secure employment and housing. An attorney can lead you through this process.