Violation of a Restraining or Protective Order – California Penal Code 273.6
These violations of protective orders, often arising in domestic violence-related offenses, carry significant consequences. Court orders to stay away from a particular individual, typically the victim in a criminal case, are not to be taken lightly. The order usually includes staying a hundred yards away, refraining from any form of contact or harassment, and not having anyone else contact the victim. Violating these orders can lead to serious legal repercussions.
Often, I see these violations occurring. The obvious one is the person stalking and following the other person, bothering them, and getting caught within a hundred yards of the other person. The people are there, and they get arrested. A restraining or protective order violation is covered under California Penal Code 273.6.
However, I also frequently encounter cases where the violator attempts to communicate indirectly, such as through calls, texts, or social media posts. This form of communication, while seemingly discreet, is still a violation of the protective order. The violator's belief in their cunning is quickly dispelled when they are arrested, handcuffed, and taken away, unable to adhere to the court's order to stay away from the victim.
Prohibited from Making Contact With Victim
They'll have a third party contact the other person and try to get that person to change their testimony, not testify, or simply pass a message along. That would be a violation of a protective order in a criminal case. You don't want to violate an illegal protective order because it will violate your current issue and make your present case a lot more challenging to deal with. It will cause a new charge to be filed against you, so you'll be looking at two separate criminal cases. So, nasty things can flow from a violation of a protective order.
It's important to understand the difference between a protective order and a restraining order. A protective order is put in place by a criminal court, usually during a case or after a conviction, to keep the parties separated. On the other hand, a restraining order is a civil remedy. Knowing these distinctions can help you navigate the legal system more effectively.
A restraining order, on the other hand, is a civil remedy. Someone's bugging you. You don't want them to be bothering you and harassing you anymore. You go to civil court. You request a civil restraining order. The judge grants it. If a person violates the civil restraining order, you can call the police.
The person will be arrested and will be charged with a crime. That's what gives that restraining order some teeth. But just because a restraining order is issued against the person, it doesn't mean the person is convicted of a crime. It is not criminal-related.
Both things could be going on. Somebody could get a restraining order, and at the same time, they could go to the police and have the police arrest the person for stalking them, molesting them, harassing them, and battering them. You're more likely to get a restraining order if you can prove some domestic violence related to whatever happened.
Getting a restraining order will be very easy if you can show a criminal conviction in a case. Still, at most times, once you get that criminal conviction, you don't need a restraining order anymore because you're going to end up getting a protective order, which is just as effective — if not more effective — than a restraining order in a criminal case.
Full Stay-Away Protective Order
So, protective orders are essential things to look at. A new thing that's going on now in domestic violence cases is that — you can read about this in my book — is that what ends up happening is people are getting arrested for a domestic battery charge. In most cases, the prosecutors try to get a full stay-away protective order right from the first court appearance.
This is horrible for some people because they end up in a position where they are kicked out of their living location and have problems meeting with their kids because of this criminal protective order. It's a tricky thing. I've thought of some remedies to try and avoid this full protective order being issued where you can't see your loved one, but you can't get it in every case.
The more serious the domestic violence-related issue, the worse the person's criminal record, and this protective order will be more likely. It's going to be a complete protective order, and you're not going to be able to see the other party.
Difference Between a Protective and Restraining Order
Many people have asked us the difference between a legal protective order and a restraining order in Los Angeles County. A restraining order is a civil remedy. You go to civil court and prove some harassment to obtain a general restraining order. On the other hand, if you are trying to seek a domestic violence restraining order, you will need to go in front of a judge.
Obtaining a domestic violence restraining order is a more involved process. You must appear before a judge and present evidence that the other party has committed acts of domestic violence against you. This evidence must demonstrate that the other party has engaged in behaviors such as stalking, harassment, or physical violence. Proving these acts can be more challenging than in a civil harassment case, where the focus is on proving that the other party is harassing you by trespassing or calling you.
A protective order is a criminal remedy. When someone gets arrested for a domestic violence case, the prosecutors will seek a protective order. You can later get the protective order taken off if you are found not guilty in the case.
Until then, they are not going to take any chances. Sometimes, the victim does not want a complete stay-away order. They only want a level one protective order, just if the person gets angry and tries to hit them again.
The defense would argue for a level one protective order. Unfortunately, in Los Angeles County, the prosecutors seek a full protective order in every domestic violence case while the case is pending. I have some strategies that I use to try to avoid a complete protective order from happening.
Violation of Protective Order in Los Angeles County
What does the prosecutor in Los Angeles County need to prove to convict me of violating a legal protective order? The proof requirements for a violation depend on which type of protective order was granted by the judge.
One example of a protective order would be a level one protective order where you're still allowed to see the other person. You can have peaceful contact with that person. In that scenario, you would have to do something violent to that person or threaten that person to violate the order. The prosecutor could show that you did it and get a violation.
In addition to that, they can also charge you with a new offense if you did something physical toward that other person by violating that protective order. The entire protective order usually says that you have to stay 100 yards away from the person. If you go within 100 yards of the person, the police are called, and the person shows the protective order to the police. You are arrested for violating the protective order.
Calling the person on the phone is also a violation. Having someone else call the person on your behalf violates the protective order. Going on social media and posting something about the person you know they will see is a violation. Even if the protected party calls you, it is a violation; do not answer the call. If the other party messages text, do not answer the text message. If you see them at the grocery store, leave and go to another grocery store.
If you violate a protective order related to a domestic violence case, you need an experienced attorney. You will be facing a new criminal charge for violating the protective order and a probation violation if you are on probation and the complications of your pending case.
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