Restraining Orders
According to California Penal Code 273.6 it is a crime to violate the terms and conditions of a California restraining order. In California, a restraining order (sometimes called a protective order) is a court order aimed at protecting one individual from the harassment, abuse, staling or threats carried out by the person named in the order.
There is no standard type of restraining order. Instead, each restraining order will be tailored to the circumstances, specifically stating what behavior is or is not prohibited. That being said, however, it is standard for a restraining order to prohibit contact between the two individuals. Contact tends to include not only personal contact, but also phone calls, texting, emails, interaction via social networks and using surveillance. It may also prohibit the individual from coming within a specified distance of the other individual. Although there are exceptions, more often than not a restraining order will be issued in relation to a domestic violence issue.
If you are facing a violation of a restraining order charge in relation to a California domestic violence conviction, you do have options. To take full advantage of these options, you should start by seeking the advice of an experienced California criminal defense attorney.
The Law Offices of Jonathan I. Kelman practices exclusively in criminal defense. Attorney Kelman will be able to advise you on what potential defenses you have in your case. For example, as a violation of a restraining order charge requires that you intentionally violated the order, you could be able to prove that you lacked intent. Other common defenses include that the order was not legally issued, that you did not have knowledge of the order’s existence or that you were falsely accused.
It is important that you make a proper defense against your charge as the penalties for a conviction could include up to three years in a California state prison or one year in a county jail (depending on the circumstances of the case). Furthermore, you will likely have to pay a hefty fine and attend counseling services.
To ensure your rights are protected, call the Law Offices of Jonathan I. Kelman at 310.286.1218 today for your free initial consultation.