Description

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?

Felony:
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.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?May
Is this charge a “serious felony”May
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?May
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?May
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?Yes
Is this charge considered a “firearm conviction” for immigration purposes?No