The crime of Violation of a Restraining Order is to intentionally and knowingly violate a protective order. The charge of Violation of a Restraining Order is usually a misdemeanor. In the event a violation results in physical injury or a credible threat of violence it may be charged as a felony. Examples of Violation of a Restraining Order are the protective order said that you may not own guns but you fail to relinquish them or the order states you may not contact your ex-husband but you continue to send emails and texts.
What does the prosecutor have to prove?
1. The defendant violated a protective order, as defined in Section 6218 of the Family Code or Section 527.6 or 527.8 of the Code of Civil Procedure.
2. The defendant acted knowingly and with the intention of violating a protective order, as defined in Section 6218 of the Family Code or Section 527.6 or 527.8 of the Code of Civil Procedure.
3. The defendant’s act of offense resulted in physical injury to the victim. [PC 273.6(b)] Misdemeanor: Additional element
4. The defendant had been convicted of violating PC 273.6(a) within the last year.
With probation 0-364 days
Misdemeanor: 0-364 days