What is the Punishment For Violating a Restraining Order?

Any willful disobedience of any temporary restraining order or injunction granted because of civil harassment is punishable under California criminal law. Penal Code §273.6 provides that any intentional and knowing violation of an order issued under CCP §527.6 is a misdemeanor punishable by a fine of up to $1000 and/or by imprisonment in the county jail for up to one year.  Any violation of the order that results in physical injury is punishable by a fine of up to $2000 and/or by imprisonment in the county jail for not less than 30 days nor more than one year.  However, if a violator is imprisoned in county jail for at least 48 hours,  a judge may, in the interest of justice, reduce or eliminate the 30-day minimum imprisonment

A subsequent conviction for violation of Pen C §273.6(a), occurring within seven years of a prior conviction and involving an act of violence or a credible threat of violence, is punishable by imprisonment in the county jail for up to one year or in state prison. According to one attorney, a subsequent conviction occurring within one year of a prior conviction that results in physical injury is punishable by a fine of up to $2000 and/or by imprisonment in county jail for not less than six months nor more than one year, or by imprisonment in state prison.  However, if a defendant is imprisoned in county jail for at least 30 days, the court may, in the interest of justice, reduce or eliminate the six-month minimum imprisonment.

A defendant who is convicted of owning, possessing, purchasing, or receiving a firearm when prohibited from doing so by an order under CCP §527.6 may be imprisoned in the county jail for up to one year or in state prison and may be subject to a fine of up to $1000.

One Response to What is the Punishment For Violating a Restraining Order?

  1. Ziadmohamed2010@yahoo.com says:

    Bandy2015
    DUI and criminal attorney in long beach california

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