PENAL CODE 273.6: Violation of Domestic Violence Order

What is Penal Code 273.6 in California?

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.

Key Elements of the Offense

To convict someone under penal code 273.6, the prosecution must prove:

  • A Valid Restraining Order Exists: There must be a legally issued restraining order in place.
  • Knowledge of the order. You knew about the restraining order, either because you were properly served or present in court when the order was issued.
  • Willful Violation: You intentionally violated the terms of the order.

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.

Penalties for Violating Penal Code 273.6

1. Criminal Penalties

A violation of penal code 273.6 is charged as a misdemeanor, which may result in:

  • Till one year in county jail.
  • Fines up to $1,000.

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:

  • Up to three years in state prison.
  • Higher fines.

2. Civil Consequences

Beyond criminal penalties, violating a restraining order can lead to:

  • Extended Restraining Orders: The court may extend the duration or terms of the restraining order.
  • Loss of Child Custody or Visitation Rights: If applicable, your parental rights may be affected.
  • Mandatory Counseling or Treatment Programs: You may be required to attend counseling sessions.

3. Impact on Employment and Immigration Status

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.

Legal Defenses Against Penal Code 273.6 Charges

Lack of Willful Violation

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.

Lack of Proper Service of the Restraining Order

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.

False Accusations or Misunderstandings

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.

Steps to Take If You Are Accused of Violating a Domestic Violence Order in Los Angeles

1. Contact a Domestic Violence Defense Attorney

Your first step should be to consult a knowledgeable Los Angeles criminal defense lawyer who specializes in domestic violence cases. They can:

  • Analyze the details of your case.
  • Advise you on legal options and possible defenses.
  • Represents you in court procedures.

2. Document Your Side of the Story

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.

3. Avoid Contact with the Protected Party

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.

How DCD LAW Can Help Defend Your Case

Expertise in Domestic Violence and Restraining Order Cases

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.

Dedicated Legal Representation Tailored to Your Situation

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.

Record of Successful Defense Strategies

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.

We are ready to help you!

Work with an experienced criminal defense attorney, and a team that has successfully defended more than 1000 clients. Get started with us today.

Call : 818-740-5582

Book a free consultation

Mon – Fri 08:30am – 5:00pm
After Hours: Monday – Friday 24/7

Firm’s Presentation

Frequently Asked Questions About Penal Code 273.6

What Qualifies as a Violation of a Domestic Violence Order?

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.

Can I Face Additional Charges for Multiple Violations?

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.

Is It Possible to Expunge a Conviction for Violating Penal Code 273.6?

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.